The purpose of this Chapter is to establish regulations that support existing and future agri-tourism opportunities within the County, consistent with the General Plan. Accordingly, the regulations have the following specific objectives:

(a)

Promote agricultural experiences, such as farm and ranch tours and winery visits, which will draw visitors to the County and provide economic benefits for farmers and vintners without adversely affecting neighboring properties;

(b)

Offer tourist opportunities for overnight stays at farms and ranches, which will enable them to experience agriculture more fully and support the County's agricultural economy;

(c)

Enable farmers and vintners to market San Joaquin County as a tourist destination and foster civic pride in the beauty of the County's farmlands and vineyards and the agricultural economy; and

(d)

Create an agricultural directional signage program to support agri-tourism opportunities.

The provisions of this Chapter shall apply to all Agricultural zones in the County and to all owner-operators of farms, ranches, and wineries.

(a)

Allowable Activities. Any farm or ranch that is operating allowed agricultural uses, such as animal raising, crop production, or dairies and creameries, may conduct an agricultural experience, such as farm and ranch tours, self-guided hikes, u-pick operations, on-site agricultural demonstrations, lectures, classes, educational events, or participation in agricultural operations on the site, that complies with all of the following:

(1)

Is incidental to a primary agricultural use;

(2)

Features agricultural commodities related to on-site operations;

(3)

Does not involve any amplified sound;

(4)

Activities occur between the hours of 7:00 a.m. and 9:00 p.m.; and

(5)

Any overnight sleeping accommodations are subject to the standards of Section 9.700.040, Agricultural Homestays or Farmstays.

No Zoning Compliance Review or Use Permit is required for an agricultural experience meeting the criteria above of, except as specified below.

(b)

Number of Experiences Allowed. Agricultural experiences up to 4 days per month are allowed on each farm or ranch. Additional days may be permitted subject to a Temporary Use Permit or an Administrative Use Permit issued under Chapter 9-804, Use Permits. Hikes, tours, u-pick operations, and educational seminars without additional activities are not limited.

(c)

Maximum Number of Participants. A maximum of 49 individuals are allowed to participate in an agricultural experience at any one time unless a Temporary Use Permit or an Administrative Use Permit is issued under Chapter 9-804, Use Permits to allow a greater number.

(d)

Compliance with County Code Requirements. All owner-operators conducting agricultural experiences must comply with all of the applicable County requirements of this Title and other County Codes related to food service, porta-toilets, trash containers, fire protection, and any other applicable provisions.

(e)

Permit Required. Agricultural experiences are subject to an approved Zoning Compliance Review, with the exception of u-pick operations.

(f)

Parking. Adequate parking shall be provided on-site for the maximum number of participants.

Agricultural Homestays or Farmstays are allowed in Agricultural zones, subject to the following requirements:

(a)

Agricultural homestays or farmstays require an approved Zoning Compliance Review.

(b)

Adequate parking shall be provided on-site for the maximum number of guests.

(c)

No more than six bedrooms shall be made available for rent. If a detached cabin is used in lieu of the residence, it shall not exceed 500 square feet.

(d)

The maximum number of guests is 15.

(e)

Lodging and overnight accommodations shall be rented for no more than one week per individual or group.

(f)

Meal service, including light foods or snacks, may only be provided to registered guests at anytime, in compliance with the current California Retail Food Code.

(g)

The Agricultural Homestay or Farmstay shall be on a working farm or ranch located on a parcel or adjoining parcels totaling at least 5 acres in the AL zone, and 20 acres in size in all other agricultural zones. () Parcels must be under the same ownership.

(h)

No Agricultural Homestay or Farmstay shall be located on a site containing a Transient Lodging use type.

(i)

The property owner, farm/ranch operator, or their representative shall reside on the site or on an adjoining parcel under the same ownership. Facilities may not be rented out by a 3 ^rd party.

(j)

One off street parking space for each room rented shall be provided in addition to the off-street parking for the permanent residents and full-time employees required by Chapter 9-406. All parking is subject to the design and locational requirements established in Chapter 9-406.

(k)

Services shall be limited to the rental of rooms, activities traditionally associated with the operations of farms and ranches, and the optional provision of meals for overnight guests. No food preparation or cooking shall be conducted within any bedroom or cabin made available for rent.

(l)

Group activities that involve more than 10 adult guests of the homestay are prohibited unless related to an agricultural experience allowed under Section 9-700.030.

(m)

Special events, including but not limited to weddings and parties, are prohibited, unless a Temporary Use Permit has been approved pursuant to Section 9-804.080

(n)

Signs shall be limited to one on-premises sign and subject to the standards of Chapter 9-408, Signs.

(o)

An adequate water well and sewage disposal system that is approved by the Environmental Health Department shall be available for use by the proposed Agricultural Homestay/Farmstay. Alternatively, if public agencies provide water and sewage disposal to the site, the applicant shall submit letters from the appropriate agencies indicating there is sufficient water supply and wastewater treatment capacity for the proposed use.

Agricultural directional off-premises signs are allowed in Agricultural zones to direct the public to agricultural businesses where products are available for sale or to Agricultural Experiences, or Agricultural Homestays or Farmstays are offered, subject to the following requirements.

(a)

Type of Business. Agricultural businesses that qualify for off-site signage under this section include, but are not necessarily be limited to, farms, ranches, fruit stands, wineries, on-farm sales, pick-it-yourself operations, pumpkin patches, plant nurseries, and tree farms.

(b)

Type of Sign. Agricultural directional signs shall be mounted on a single signpost. Individual sign panels may include only the name of the business or commodity, and either distances in miles and tenths or months of operation. A directional arrow will be included on each sign panel in the appropriate direction of the business. Each business is limited to no more than two panels, back-to-back, per signpost.

(c)

Location. Agricultural directional signs shall be located at crossroads, intersections, or other sites where directional information is needed, and shall be subject to the following:

(1)

Signposts may be in the County right-of-way upon obtaining an encroachment permit from the Department of Public Works. Such signposts will be allowed only at intersections identified on a list for agricultural directional signs maintained by the Department of Public Works. Signposts may also be placed on private land with the written permission of the landowner and applicable sign permit.

(2)

Individual businesses are limited to placing agricultural directional signs only within a five-mile radius of their location.

(d)

Size and Design. Agricultural directional sign shall include a standard metal logo approved by the County (such as "San Joaquin Grown" or a wine industry logo) and individual sign panels meeting the following specifications:

(1)

Maximum Height: 12 feet.

(2)

Maximum Sign Area: 15 square feet

(3)

Color. The sign panels shall be white with a standard dark green lettering or forest green with white lettering.

(e)

Permits Required; Installation and Maintenance. Agricultural directional signs are subject to the permitting requirements of Chapter 9-408, Signs, and the standards installed and maintenance in that chapter.

In addition to the activities specifically listed in Section 9-100.040, the following uses, which are separately regulated, may be allowed in Agricultural zones, subject to the standards and permitting procedures of this Title.

(a)

Bed and Breakfast Lodging: See Section 9-409.100;

(b)

Cottage Food Operations: See Section 9-409.160;

(c)

Produce Stands and Agricultural Stores: See Section 9-409.360; and

(d)

Wineries and Related Facilities: See Chapter 9-410.

The purpose of this Chapter is to implement the conservation policies contained in the General Plan related to permanently protecting agricultural land within the County and requiring agricultural mitigation for projects that convert through development agricultural land to urban uses. More specifically, this Chapter is intended to accomplish the following:

(a)

Intergovernmental Coordination. It is County policy to work cooperatively with the cities within the County, helping them adopt agricultural preservation policies and ordinances, consistent with this Chapter, in order to undertake an integrated, comprehensive countywide approach to preservation and agricultural mitigation. The County's goal is for all cities to adopt and implement an agricultural mitigation program modelled on this Chapter.

(b)

Habitat Mitigation Plan. The Board of Supervisors intends to coordinate its regulatory efforts with the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan in order to achieve an optimal farmland protection system.

(c)

Delta Protection Commission. The Board of Supervisors will coordinate its regulatory efforts with those of the Delta Protection Commission for optimal farmland protection.

The Board of Supervisors finds this Chapter is necessary because:

(a)

The County is losing farmland at a rapid rate;

(b)

The County's farmland is of exceptional productive quality and an important component of the County's economy;

(c)

Loss of farmland to development is irreparable and will have a cumulatively negative impact on the economy of the County;

(d)

Continuation of agricultural operations preserves the landscape and environmental resources;

(e)

Permanent preservation of farmland is a General Plan policy; and

(f)

Using only zoning and other regulatory mechanisms has been a useful, but inadequate, approach to preserving farmland, so agricultural mitigation must be required, consistent with the General Plan, when agricultural land would be converted to urban uses.

(a)

Creation. An Agricultural Technical Advisory Committee is created to carry out the functions authorized by this Chapter, including review of farmland conservation easements and formulation of an Agricultural Mitigation Strategy.

(b)

Powers. The Agricultural Technical Advisory Committee shall:

(1)

Adopt rules of procedure and bylaws governing the operation of the advisory committee and the conduct of its meetings;

(2)

Develop and periodically update an Agricultural Mitigation Strategy, consistent with Section 9-701.070;

(3)

Periodically report to the Board of Supervisors, on request, on different agricultural mitigation ratios and definitions for the Delta and for Prime Agricultural land;

(4)

Consider and make recommendations to the Board of Supervisors regarding future consideration of the inclusion of land outside the County as allowable Agricultural Mitigation Land, and agricultural mitigation strategies other than the hybrid in-lieu fee/in-kind land approach set forth in this Chapter;

(5)

Explore the concept of establishing an Agricultural Mitigation Bank; and

(6)

Assume other responsibilities as set forth in this Chapter or assigned to the Committee by the Board of Supervisors.

(c)

Composition. The Agricultural Technical Advisory Committee shall be composed of three representatives appointed by the San Joaquin Farm Bureau Federation, three representatives appointed by the Building Industry Association, and three representatives appointed by the Board of Supervisors, in which the appointees from the San Joaquin Farm Bureau Federation and the Building Industry Association are ratified by the Board of Supervisors.

(d)

Voting. A supermajority vote (i.e., a two-thirds vote of its members) is a requirement for all decisions by the Agricultural Technical Advisory Committee.

(e)

Term. The terms of the Agricultural Technical Advisory Committee shall be as follows:

(1)

Five members shall be initially appointed for two-year terms. Said two- year terms shall be applicable to two of the appointees of the Building Industry Association, two of the appointees of the San Joaquin Farm Bureau Federation, and one of the appointees of the Board of Supervisors.

(2)

Four members shall be appointed for four-year terms. Said four-year terms shall be applicable to one of the appointees of the Building Industry Association, one of the appointees of the San Joaquin Farm Bureau Federation, and two of the appointees of the Board of Supervisors.

(f)

Staff. The County shall provide the Agricultural Technical Advisory Committee with staff support.

(a)

Mitigation Required. The County shall require agricultural mitigation for:

(1)

A General Plan Amendment, Master Plan, or Specific Plan that changes the designation of any land from an agricultural to a non-agricultural use; and

(2)

A Zoning Reclassification that changes the permitted uses from agriculture to a non-agricultural use, regardless of the General Plan designation.

(b)

Mix of Uses. Mitigation shall only be required for that portion of the land that no longer will be designated as or zoned for agricultural l uses.

(c)

Types of Mitigation. Agricultural mitigation shall be satisfied by granting a farmland conservation easement or other farmland conservation mechanism as set forth in Subsection (d) of this Section. The number of acres of agricultural mitigation land shall be at least equal to the number of acres that will be changed to a non-agricultural use, meaning a 1:1 ratio.

(d)

Direct Provision of Agricultural Mitigation Land. The direct provision of agricultural mitigation land pursuant to Subsection (c) of this Section shall be as follows:

(1)

The applicant shall pay an administrative fee to cover the costs of administering, monitoring and enforcing the farmland conservation easement or other instrument in an amount determined by the Board of Supervisors.

(2)

The location and characteristics of the agricultural mitigation land shall comply with Section 9-701.060, Mitigation Strategy.

(3)

The Agricultural Technical Advisory Committee, created pursuant to this Chapter, shall review each farmland conservation easement or other preservation instrument for consistency with Section 9-701.070, Mitigation Strategy.

(4)

The farmland conservation easement or other preservation instrument shall be held by a Qualifying Entity ¹ . The County shall be a co-holder or backup beneficiary of the legal instrument. If the Qualifying Entity refuses to hold the easement or other preservation instrument, it shall be held by the County.

(5)

If the applicant for a General Plan Amendment, a Specific Plan, or Zoning Reclassification makes application to the Board of Supervisors and demonstrates that the applicant has made a diligent effort to obtain a farmland conservation easement or other preservation instrument and that the applicant has been unable to obtain such easement or other preservation instrument, the Board may grant the applicant the option to either obtain the easement or other instrument, or to pay the in-lieu fee set forth in Subsection (e) of this Section. The applicant shall provide documentation he/she has met with the Qualifying Entity and the San Joaquin Farm Bureau and neither entity has been able to assist with the acquisition of the easement. Facts that the Board may consider in making a decision regarding applicant's request include, but are not limited to, the following:

(A)

Multiple good faith offers to purchase an easement or other preservation instrument, which offers have been declined by the seller or sellers;

(B)

Good faith efforts to purchase an easement or other preservation instrument over an extended period of time where further efforts would make it unreasonable for the applicant to continue such efforts; and

(C)

Good faith efforts to purchase an easement or other preservation instrument, but where the high cost of such purchase makes it unreasonable for the applicant to continue such efforts.

(e)

In-Lieu Fees. The payment of an in-lieu fee is subject to the following provisions:

(1)

The Board of Supervisors shall approve by resolution the amount and other terms of an in-lieu fee. The in-lieu fee shall include: 1) the cost of purchasing farmland conservation easements on land of comparable size and agricultural quality, 2) the costs of administering, monitoring, and enforcing the easements, and 3) the costs of legal, appraisal and other tasks, including staff time, to acquire and manage the easements.

(2)

The in-lieu fee shall be updated annually based on an inflator that takes into account the inflation of property values in the County and the time it takes to acquire property for agricultural mitigation. The inflator shall be calculated based on a three-year running average of the most recent available data from the House Price Index (HPI) for the Stockton Metropolitan Statistical Area, as compiled by the Office of Federal Housing Enterprise Oversight.

(3)

Within 60 days after collection by the County, in-lieu fees shall be transferred to a fund administered by the Qualifying Entity.

(4)

The annual report described in Section 9-701.090(b), shall describe the effectiveness of the use of in-lieu fees as provided for under this Chapter.

(f)

Final Approvals. Final approval of any project subject to Subsection (a) of this Section is contingent upon the execution of the legal instrument to provide agricultural mitigation land and payment of the administrative fee, or approval and payment of an in-lieu fee. Submission of the required legal instrument or payment of the in-lieu fee shall occur prior to issuance of a Grading Permit or Building Permit, whichever would occur first.

(g)

CEQA Review. Participation in the Agricultural Mitigation Program shall be considered during the environmental review for projects pursuant to the California Environmental Quality Act.

The in-lieu fees shall be administered by the Qualifying Entity in fulfillment of its programmatic responsibilities. These responsibilities cover, without exception, acquiring interests in land and administering, monitoring, and enforcing the farmland conservation easement or other instrument designed to preserve the agricultural values of the land for farmland mitigation purposes.

The location and characteristics of the agricultural mitigation land purchased with in-lieu fees shall comply with the provisions of Section 9-701.060. The in-lieu fees shall not be used for purposes inconsistent with this Section.

(a)

Location. Agricultural mitigation land must be located within the County.

(b)

Allowable Uses. Agricultural mitigation land must be shown on the General Plan as Agriculture and zoned for agricultural uses. Agricultural mitigation land may be in the Delta. The type of agricultural related activity allowed on mitigation land will be specified in an agricultural easement or related legal instrument, as described in Section 9-701.050.

(c)

Soil Quality. The agricultural mitigation land should be of comparable or better soil quality than the agricultural land whose use is being changed to nonagricultural use. Priority shall be given to lands with prime agricultural soils, located in areas of greatest potential development as shown in the General Plan.

(d)

Water Supply. The agricultural mitigation land shall have an adequate water supply to support agricultural uses. This water supply shall be protected in the farmland conservation easement or other document evidencing the agricultural mitigation.

(e)

Previous Encumbrances. Land already effectively encumbered by a conservation easement of any nature is not eligible to qualify as agricultural mitigation land.

(a)

Initiation and Approval. The Agricultural Technical Advisory Committee shall develop and periodically refine a Mitigation Strategy for Preservation of Agricultural Land, with a formal update approved by the Board of Supervisors every five years. The Board of Supervisors shall approve the Mitigation Strategy after receiving it from the to the Planning Commission and the Board of Supervisors and taking public comment at a duly noticed public hearing.

(b)

Purpose and Contents. The purpose of the Mitigation Strategy is to ensure that the acquisition of agricultural mitigation land, from both direct provision and in-lieu fees, achieves maximum benefits to the residents of the County. The Mitigation Strategy may consist of any combination of policies, evaluation criteria, maps, and other useful decision-making tools. It shall be of sufficient specificity to provide adequate guidance on location and other factors to people reviewing the proposed encumbrance of agricultural mitigation land.

(c)

Issues to Be Considered. The Mitigation Strategy shall specifically address the following issues:

(1)

The need to include contiguous parcels and areas large enough to preserve agricultural operations;

(2)

The qualities of high priority farmland and the type of activities allowed on agricultural mitigation lands;

(3)

Coordination with other public and private land conservation programs; and

(4)

Other factors that would result in more effective preservation of agricultural lands.

(d)

Transmittal. The Mitigation Strategy shall be transmitted immediately after approval by the Board of Supervisors to the Qualifying Entity for its use in acquiring and managing interests in agricultural mitigation land.

(a)

Requirements. The legal instrument encumbering agricultural mitigation land shall:

(1)

Be executed by all owners of the agricultural mitigation land;

(2)

Be in form suitable for recordation;

(3)

Contain an accurate legal description setting forth the description of the agricultural mitigation land;

(4)

Prohibit new residential and/or commercial development on agricultural mitigation land that is not directly needed for agricultural production, regardless of existing zoning;

(5)

Protect the existing water rights and retain them with the agricultural mitigation land; and

(6)

Prohibit any activity that substantially impairs or diminishes the agricultural productivity of the land, as determined by the Agricultural Technical Advisory Committee and approved by the Board of Supervisors. However, all activities or land uses currently allowed under the County's AG zoning designation shall be allowed on mitigation land.

(b)

County Interests. The County shall be named a co-holder or backup beneficiary under any instrument conveying the interest in the agricultural mitigation land to a Qualifying Entity.

(c)

Disposition of Land. Interests in agricultural mitigation land shall be held in trust by a Qualifying Entity and/or by the County in perpetuity. Except as provided in Subsection (d) of this Section, the Qualifying Entity or the County shall not sell, lease, or convey any interest in agricultural mitigation land it acquires. The legal instrument encumbering the agricultural mitigation land shall include the provisions of this Subsection.

(d)

Change in Circumstances. If judicial proceedings find that the public purpose described in Section 9-1080.1 of this Chapter can no longer reasonably be fulfilled as to an interest acquired, the Qualifying Entity's interest in the agricultural mitigation land, as secured by the legal instrument, may be extinguished through sale, and the proceeds shall be used to acquire interests in other agricultural mitigation land in the County, pursuant to the provisions of this Chapter and subject to approval by the Board of Supervisors.

(e)

Cessation of Qualifying Entity. If any Qualifying Entity owning an interest in agricultural mitigation land ceases to exist, the duty to hold, administer, monitor, and enforce the interest shall pass to the co-holder or backup beneficiary of the legal instrument. The County, acting as co-holder or backup beneficiary, may designate another Qualifying Entity to assume the responsibilities to hold, administer, monitor and enforce the interest.

(a)

Monitoring and Enforcing. The Qualifying Entity shall monitor all lands and easements acquired under this Chapter and shall review and monitor the implementation of all management and maintenance plans for these lands and easement areas. It shall also enforce compliance with the terms of the conservation easements or other agricultural mitigation instruments.

(b)

Reporting by Qualifying Entity. Annually, beginning one year after the adoption of this Chapter, the Qualifying Entity shall provide to the Agricultural Technical Advisory Committee an annual report delineating the activities undertaken pursuant to the requirements of this Chapter and an assessment of these activities. The report shall describe the status of all lands and easements acquired under this Chapter, including a summary of all enforcement actions.

(c)

Reporting by Agricultural Technical Advisory Committee. Annually, the Agricultural Technical Advisory Committee shall review the reports submitted to it by the Qualifying Entity as well as any other relevant material and prepare an Annual Report that provides an independent assessment of the effectiveness of the agricultural mitigation program and its consistency with the approved Mitigation Strategy.

(1)

The Annual Report shall document the funds collected and/or direct provision of mitigation lands pursuant to the provisions of this Chapter for the reporting year.

(2)

The Annual Report shall also document the size and location of the land that is to be converted to a nonagricultural use during the reporting year, which generated the mitigation requirements of this Chapter.

(3)

The Technical Advisory Committee shall forward the Annual Report, along with other relevant material received, to the Board of Supervisors for its review at a duly-noticed public hearing.

The purpose of this Chapter is to provide a method for establishing, disestablishing, or altering the boundaries of agricultural preserves to implement General Plan policies for agricultural preservation and the Williamson Act as set forth in the Government Code.

Creation of an Agricultural Preserve may be initiated by the Board of Supervisors, the Planning Commission, the Zoning Administrator, or a qualified applicant. Applications from qualified applicants shall be filed with the Community Development Department and include all of the information prescribed by the Zoning Administrator and the required fee. Agricultural Preserve applications must meet the following requirements:

(a)

Minimum Size. The minimum size necessary for the establishment, or resulting alteration of, an Agricultural Preserve is 100 acres of contiguous land.

(b)

Zoning. All land for which Agricultural Preserve status is being sought, or which currently is in an Agricultural Preserve, must be in an AL, AG, or AU zone.

(c)

Zoning Reclassification. If the subject property does not have the required zoning, an application for Zone Reclassification shall be made and processed concurrently with the Agricultural Preserve application. However, such Zone Reclassification application must be approved prior to the establishing of an Agricultural Preserve.

The review procedure for Agricultural Preserve applications shall be the Common Procedure in Chapter 9-802 and shall be subject to all of the following additional requirements:

(a)

Director Report. Within 30 days after the Zoning Administrator has determined that an Agricultural Preserve application is complete, the Director shall prepare and submit a report to the Planning Commission and the Board of Supervisors as to whether the Agricultural Preserve application is consistent with the General Plan.

(b)

Planning Commission Review. The Planning Commission shall make a recommendation for approving or denying an Agricultural Preserve application after holding a duly-noticed public hearing. The Planning Commission shall forward its recommendations to the Board of Supervisors.

(c)

Board of Supervisors Hearing. The Board of Supervisors shall conduct a duly-noticed public hearing on the Agricultural Preserve application. At the conclusion of the hearing, the Board shall take final action to approve, approve with conditions, or deny the application.

(d)

Notification. In the event any proposal to disestablish or alter the boundary of an Agricultural Preserve will remove land under contract from the preserve, notice of the proposed alteration or disestablishment and the date of the hearing shall be furnished by the Board by certified mail to the owner(s) of the land. Such notice also shall be published once in a newspaper of general circulation and shall be furnished by first-class mail to each owner of land under contract, any portion of which is situated within one mile of the exterior boundary of the land to be removed from the preserve.

Prior to acting on an Agricultural Preserve application, the Planning Commission and the Board of Supervisors shall find that the following are true:

(a)

Consistency. The establishment, disestablishment, or alteration of an Agricultural Preserve is consistent with the General Plan; and

(b)

Establishment or Enlargement. The area specified in the Agricultural Preserve application for establishing or enlarging an Agricultural Preserve must be designated as General Agriculture, Limited Agriculture, or Agriculture-Urban Reserve on the General Plan Map and zoned consistent with this designation; or

(c)

Disestablishment. The area specified in the Agricultural Preserve application for disestablishing the Agricultural Preserve is designated for residential, commercial, or industrial land uses on the General Plan Land Use Map, and development is expected to occur within 10 years.

A Williamson Act contract application shall include all documentation, maps, or other information required by the Zoning Administrator; it may be filed concurrently with an application for establishing or altering an Agricultural Preserve designation. These applications may be initiated only by a qualified applicant and shall be subject to the following requirements:

(a)

Location Within Agricultural Preserve. A parcel for which contract status is sought must be located within an Agricultural Preserve.

(b)

Minimum Parcel Size.

(1)

The minimum size parcel of prime agricultural land that qualifies for a contract is 40 acres if the land is classified by the U.S. Department of Agriculture Natural Resource Conservation Service as prime farmland, farmland of statewide or local importance, or unique farmland; and

(2)

The minimum size parcel of all other agricultural land that qualifies for a contract is 80 acres.

(c)

Farmland Security Zone. A parcel for which a 20-year contract status is sought must also be located within a Farmland Security Zone.

(a)

Board Resolution. The contract shall be subject to the Resolution of the Board of Supervisors concerning the Williamson Act.

(b)

Allowable Land Uses.

(1)

The following use types, if allowed in the zone where the property is located, are allowable on land subject to a Williamson Act contract:

(A)

Residential Housing—Single-Unit Dwelling;

(B)

Day Care—Large or Small Family Day Care;

(C)

Farm Employee Housing;

(D)

Aerial Facilities - Agricultural; Agricultural Land Strip; Agricultural Excavation;

(E)

Agricultural Industry;

(F)

Agricultural Warehousing;

(G)

Animal Care, Sales, and Services;

(H)

Animal Feeding and Sales;

(I)

Animal Raising;

(J)

Commercial Cannabis - Cultivation;

(K)

Crop Production;

(L)

Dairies and Creameries;

(M)

Equipment Sales, Repair, and Storage - Farm Machinery, Sales and Repair;

(N)

Industrial Hemp Production

(O)

Nursery Sales and Landscaping Services;

(P)

Produce Sales - Agricultural Store, Small and Large

(Q)

Quarry Operations;

(R)

Renewable Energy;

(S)

Utilities - Minor;

(T)

Water Storage; and

(U)

Wine Facilities.

(2)

Accessory and temporary uses allowed in the zone where the property is located.

(3)

Sales and distribution of agricultural chemicals and fertilizers if the operation consists primarily of dispatching less than truckload lots and/or the delivery of agricultural chemicals and fertilizers is by means of grower-operated equipment.

(4)

Such outdoor recreational activities that can be carried out in conjunction with the continued agricultural usage of the land.

(5)

Other uses that are comparable to or no more intensive than those uses enumerated in subsection (b)(1) shall be permitted with a Conditional Use Permit only if the Planning Commission determines that such use(s) will not:

(A)

Significantly compromise the long-term productive agricultural capability of the property, or of other contracted land;

(B)

Significantly displace or impair current or reasonably foreseeable agricultural operations on the parcel or on other contracted lands; and

(C)

Result in significant removal of contracted land from agricultural or open-space use.

(6)

The Review Authority for a specific project application for an allowable use listed in subsection (b)(1), can determine that the project is not compatible with the Williamson Act if the use will:

(A)

Significantly compromise the long-term productive agricultural capability of the property, or of other contracted land;

(B)

Significantly displace or impair current or reasonably foreseeable agricultural operations on the parcel or on other contracted lands; and

(C)

Result in significant removal of contracted land from agricultural or open-space use.

(c)

Staff Review. The Zoning Administrator and County Counsel shall review and approve the proposed contract prior to its submittal to the Board. The Board shall take final action on the contract application.

(d)

Required Findings. Prior to approving an Administrative Use Permit or a Conditional Use Permit for a project that will be subject to a Williamson Act contract, the Zoning Administrator or the Planning Commission, whichever has approval authority, must find that all of the following are true:

(1)

Conditions are included in the contract that mitigate or avoid those on-site and off-site impacts that would otherwise render the proposal inconsistent with the Williamson Act principles of compatibility;

(2)

The productive capability of the land has been considered as well as the extent to which the proposed use(s) may displace or impair agricultural operations; and

(3)

The proposed use(s) are consistent with the intent of the Williamson Act to preserve agricultural and open-space land.

To facilitate a lot line adjustment on contracted land, property owners must submit a Rescission of Planning Activity for any current contracts and simultaneously submit a new Williamson Act contract application prior to recordation of the Notice of Lot Line Adjustment.

(a)

Pursuant to Government Code Section 51257, the Board of Supervisors must make the following findings to rescind and enter into a new contract for the purposes of a lot line adjustment:

(1)

The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years.

(2)

There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.

(3)

At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts.

(4)

After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Government Code Section 51222.

(5)

The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts.

(6)

The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.

(7)

The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan.

The procedure for nonrenewing a contract, as provided in the Williamson Act, is as follows:

(a)

Notice of Nonrenewal Notice Required. A written Notice of Nonrenewal must be served in any of the following situations:

(1)

Minimum Size. If any property under contract is less than 10 acres in size, the County shall serve a Notice of Nonrenewal on the owner of such property.

(2)

Division of Land. If any property under contract is being divided, the owner of the property shall serve a Notice of Nonrenewal on the County for any resulting parcels less than 10 acres in size in the case of prime agricultural land, or less than 40 acres in size in the case of land which is not prime, prior to obtaining map approval.

(3)

Change in Preserve. If any property under contract is removed from an Agricultural Preserve by either a change in the boundaries of the preserve or disestablishment of the preserve, the County shall serve a Notice of Nonrenewal on the owner of the property.

(4)

Change in Zoning. If any property under contract is reclassified to a zone other than that required for an agricultural preserve, the County shall serve a Notice of Nonrenewal on the owner of the subject property.

(b)

Timing of Notice. Either party to the contract may submit a notice of nonrenewal pursuant to the terms of the contract.

(1)

County Initiated. A Notice of Nonrenewal initiated by the County shall be served on the owner, or the agent for Notice as designated in the contract, at least 60 days before the annual renewal date of the contract.

(2)

Owner Initiated. A Notice of Nonrenewal initiated by the owner shall be served on the County at least 90 days before the annual renewal date. Failure to meet this requirement shall result in the renewal of the contract as provided by Resolution by the Board of Supervisors.

A request for contract cancellation as to all or part of the subject property may be made only by the owner or their designated agent.

(a)

Review Procedures. A request for a Williamson Act contract cancellation request shall be submitted to the Zoning Administrator; upon finding the request to be complete and the required fee paid, a duly-noticed public hearing shall be scheduled following the procedures in Chapter 9-802.

(b)

Planning Commission Review. After the public hearing, the Planning Commission shall make recommendations for approving or denying the Contract Cancellation request. The Planning Commission shall forward its recommendations to the Board of Supervisors.

(c)

Board of Supervisors Hearing. The Board of Supervisors shall conduct a public hearing on the Contract Cancellation request. Notice of the hearing shall be given pursuant to Section 51284 of the Government Code and Chapter 9-802.

(d)

Required Findings. Prior to giving approval to any Contract Cancellation request, the Board shall make either of the findings specified by subsection (1) or (2) below, as required by Section 51282 of the Government Code:

(1)

Consistency with Act. The cancellation is consistent with the purposes of the Williamson Act. In order to make this finding, the Board must specifically find that:

(A)

The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Section 51245 of the Government Code;

(B)

The cancellation is not likely to result in the removal of adjacent lands from agricultural use;

(C)

The cancellation is for an alternative use that is consistent with the applicable provisions of the General Plan;

(D)

The cancellation will not result in non-contiguous patterns of urban development; and

(E)

There is no proximate noncontracted land both available and suitable for the use to which the contracted land is proposed to be put, or development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.

(2)

Public Interest. The cancellation is in the public interest. In order to make this finding, the Board must specifically find that:

(A)

Other public concerns substantially outweigh the objectives of the Williamson Act; and

(B)

There is no proximate noncontracted land both available and suitable for the use to which the contracted land is proposed to be put, or development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.

(3)

Farmland Security Zone. For Farmland Security Zone contract cancellations, the Board must either make both findings (1) and (2), or determine that no authorized use may be made of a remnant contract parcel of five acres of less left by public acquisition pursuant to Section 51295 of the Government Code. Additionally, the Board must make the following findings:

(A)

That no beneficial public purpose would be served by the continuation of the contract.

(B)

That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the local government.

(C)

That the landowner has paid a cancellation fee equal to 25 percent of the cancellation valuation calculated in accordance with subdivision (b).

(e)

Cancellation Fee. Prior to giving approval to any contract cancellation, the Board shall determine and certify the cancellation fee pursuant to Section 51283 or 51297 of the Government Code.

(f)

Recordation. The cancellation of a contract shall not be final until the cancellation fee is paid, and the certificate of cancellation is recorded pursuant to Section 51283.3 of the Government Code.

(a)

Statutory Authorization. The legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon San Joaquin County authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Supervisors of San Joaquin County does hereby adopt the following floodplain management regulations.

(b)

Findings of Fact.

(1)

The flood hazard areas of San Joaquin County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(2)

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

(c)

Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the deed for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

(6)

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(7)

Ensure that potential buyers are notified that property is in area of special flood hazard; and

(8)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

This Chapter shall apply to all areas of special flood hazard within the jurisdiction of San Joaquin County. The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administrator are those areas indicated in a scientific and engineering report entitled "Flood Insurance Study (FIS) for County of San Joaquin, November 1979," as amended, and shown on the accompanying Flood Insurance Rate Maps (FIRMs) as Zones A, AO, AE, A99, or AH, or on the Flood Boundary and Floodway Maps (FBFMs) as floodways, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to San Joaquin County by the Floodplain Administrator. The FIS, FIRMs and FBFMs are on file at the office of the San Joaquin County Department of Public Works.

The San Joaquin County Flood Control Engineer shall be designated as Floodplain Administrator and appointed to administer and implement this Chapter. The duties and responsibilities of the Floodplain Administrator shall include, but not necessarily be limited to, the following:

(a)

Permit Review. The Floodplain Administrator shall review all development permits to determine that:

(1)

The permit requirements of this Chapter have been met;

(2)

All other required local, state, and federal permits have been obtained;

(3)

The site is reasonably safe from flooding.

(4)

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point.

(b)

Use of Other Base Flood Data. When one hundred (100) year flood elevation data has not been provided or is inadequate in the Floodplain Administrator's opinion, the Floodplain Administrator shall obtain, review, and reasonably utilize any one hundred (100) year flood elevation and floodway data available from federal, state, or other sources that they considers the best available information.

(c)

Notification. Whenever a major watercourse is to be altered or relocated, the flood carrying capacity of the major watercourse shall be maintained. The Floodplain Administrator shall notify adjacent communities and the California Department of Water Resources prior to the significant alteration or relocation of a major watercourse. The Floodplain Administrator shall submit evidence of said notification to the Federal Insurance Administration.

(d)

Certifications. The Floodplain Administrator shall obtain and maintain for public inspection and make available the certifications required in Section 9-703.13.

(e)

Boundary Interpretations. The Floodplain Administrator shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard.

(f)

Determination Concerning Other Areas of Special Flood Hazard. The Floodplain Administrator shall determine, based on the best available information, those areas at risk of flooding and not identified by the Federal Emergency Management Agency or the Federal Insurance Administration, and shall consider these as areas of special flood hazard.

(g)

Violations. The Floodplain Administrator shall take action to remedy violations of this Chapter as provided in Chapter 9-1905 of this Title.

(h)

Processing of Permits. The Floodplain Administrator shall perform the duties required for the processing of flood-related permits, including flood variances and appeals of the requirements of this Chapter.

(i)

Reporting of Flood Variances. The Floodplain Administrator shall report any flood variances to the Federal Insurance Administration upon request.

(j)

Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of San Joaquin County, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(k)

Requirement to Submit New Technical Data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the National Flood Insurance Program Administrator of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

An application for any permit to develop within an area of special flood hazard shall include information considered to be necessary by the Floodplain Administrator to determine the potential flood hazard on the project site.

Within any area of special flood hazard, the following permits shall, where indicated, be obtained prior to the commencement of any construction or development:

(a)

Floodplain Encroachment Permit. A Floodplain Encroachment Permit shall be required for any project that would alter a watercourse.

(b)

Use Permit. A Use Permit shall be required for any project that would alter the location of a floodway.

The unincorporated community of Mountain House is an urban community as defined in the Government Code Section 65007. Development approvals for projects in Mountain House shall require flood protection findings as specified in Government Code Sections 65865.5, 65962, and 66474.5

Prior to approving an application for a permit to develop within a special flood hazard area, the Floodplain Administrator shall be provided with technical data to determine that the following are true:

(a)

Flood Fringe. In flood fringe areas, the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the one hundred (100) year flood more than one (1) foot at any given point.

(b)

Floodways. In floodways, the requirements of Section 9-703-170 have been met.

(c)

Watercourse Alteration. If the alteration of a watercourse or floodway is proposed, the proposed project will not reduce the flood carrying capacity of said watercourse or floodway.

A Flood Variance may be granted in accordance with the provisions of Chapter 9-848 of this Title.

An Evacuation Plan shall be prepared for mobile home and recreational vehicle parks in accordance with the provisions of Chapter 9-845 of this Title.

The Planning Commission shall hear and decide appeals from actions of the Floodplain Administrator when it is alleged there is error in any interpretation, decision, or determination made by the Floodplain Administrator in the administration of this Chapter.

All new construction and substantial improvements to existing structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All mobile homes shall meet the anchoring standards of Section 9-703-160.

Unless otherwise specified, construction within areas of special flood hazard shall comply with the following standards for materials and methods:

(a)

Materials and Utility Equipment. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b)

Methods and Practices. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)

Equipment and Service Facilities. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d)

Drainage. Within Flood Insurance Rate Map (FIRM) Zones AH or AO, adequate drainage paths around structures on slopes shall be required to guide flood waters around and away from proposed structures.

Unless otherwise specified, the following standards of construction relative to elevation and flood proofing shall be complied with in areas subject to flooding:

(a)

Lowest Floor Elevation: Areas of Special Flood Hazard. All new construction and substantial improvements of any structure in areas of special flood hazard shall have the lowest floor, including basement, elevated to at least one (1) foot above the one hundred (100) year flood elevation. Non-residential structures may meet the standards in Subsection (c) below. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor. Such certification shall be provided to the Floodplain Administrator.

(b)

Lowest Floor Elevation: Zone A or AO. All new construction and substantial improvement of any structure in FIRM Zone A or AO shall have the lowest floor, including the basement, elevated at least one (1) foot higher than the depth number specified in feet on the FIRM measured from the highest adjacent grade, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in Subsection (c) below. Upon completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor.

(c)

Floodproofing: Non-Residential Construction. Non-residential construction shall either be elevated in conformance with Subsection (a) or Subsection (b) above or, in the alternative, together with attendant utility and sanitary facilities, shall:

(1)

Be floodproofed so that at least one (1) foot above the one hundred (100) year flood level, the structure is watertight with walls substantially impermeable to the passage of water;

(2)

Have structural components impermeable to the passage of water;

(3)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(4)

Be certified by a registered civil engineer or registered architect as having satisfied the standards of this subsection. Such certification shall be provided to the Floodplain Administrator.

(d)

Construction in Enclosed Areas Below Lowest Floor Level. In all new construction and substantial improvements to existing structures in areas of special flood hazard, enclosed areas below the lowest floor, which are used solely for parking of vehicles, building access or storage in an area other than a basement, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall be certified by a registered civil engineer or a registered architect. As an alternative, said designs may either have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding, or be certified to comply with the County's floodproofing standard that has been approved by the Federal Insurance Administration. Said certification shall be provided to the building official. Any openings shown in said design shall have the bottom of such openings no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other louverings, or devices that permit automatic entry and exit of floodwaters.

(e)

Mobile Homes and Recreational Vehicles. Mobile homes and recreational vehicles shall meet the standards in Section 9-703.160.

(f)

Accessory Buildings. Nonhabitable buildings accessory to agriculture or accessory to residential use may be constructed at ground level without a flood variance. Permit applications for Accessory Structures will be reviewed on a case-by-case basis by the Floodplain Administrator for compliance with applicable FEMA Technical Bulletins.

(1)

The applicant shall provide evidence of recordation of a written notice that states that the accessory building is constructed with the lowest floor elevation below the regulatory flood elevation, is not for habitable use and can be used solely for parking or limited storage. Further, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be recorded with the office of the San Joaquin County Recorder in such a manner to make it appear in the chain of title of the affected parcel of land. For the purposes of this Section, accessory buildings shall not include buildings used for commercial or industrial purposes.

(g)

Aircraft Hangars. Aircraft hangars in FIRM Zone AO at the Stockton Metropolitan Airport may be constructed in compliance with Variance VR-01-2.

Utility systems shall comply with the following flood hazard reduction standards:

(a)

Water and Sanitary Sewage Systems. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

(b)

Waste Disposal Systems. Waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(a)

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

(b)

All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(c)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(d)

All subdivisions proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

Mobile homes and recreational vehicles shall be subject to the following flood hazard reduction standards:

(a)

Single-Wide Mobile Homes. Single-wide mobile homes without expandos may be placed in an existing mobile home park in a floodway under the following circumstances:

(1)

The mobile home is replacing a mobile home which was in the space within the previous twelve (12) months;

(2)

The mobile home park property has been posted to conspicuously display the one hundred (100) year flood elevation;

(3)

A bond has been posted for possible damage caused to other property through negligence on the part of the park owner during a flood event. This requirement may be waived by the Floodplain Administrator if it can be shown that the park has other liability protection.

(b)

Installation Permits. Installation permits shall be issued by the State Department of Housing and Community Development (HCD) only after all conditions in Subsection (a) of this Section have been satisfied.

(c)

Recreational Vehicles. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either be on the site for fewer than one hundred eighty (180) consecutive days or be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(d)

Manufactured Home Floor Elevation.

(1)

Manufactured homes that are placed or substantially improved within areas of special flood hazard shall have the lowest floor elevated at least one (1) foot above the base flood elevation on a permanent or a temporary foundation with the entire foundation support system at or above the base flood elevation or an engineered support system designed to withstand flood forces, on the following sites:

(A)

Outside of a manufactured home park or subdivision;

(B)

In a new manufactured home park or subdivision;

(C)

In an expansion to an existing manufactured home park or subdivision; or

(D)

In an existing manufactured home park or subdivision which has incurred substantial damage as the result of a flood.

(2)

Manufactured homes that are placed or substantially improved within areas of special flood hazard on sites in an existing manufactured home park or subdivision that are not subject to the above provisions shall be elevated so that either:

(A)

The lowest floor is elevated at least one (1) foot above the base flood elevation; or

(B)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and securely anchored in accordance with this Section.

(e)

Anchoring. Anchoring shall be to a permanent foundation system to resist flotation, collapse, or lateral movement.

Uses and structures within floodways shall be subject to the following flood hazard reduction standards:

(a)

Anchoring. All structures within floodways shall be constructed so as to remain in place during the one hundred (100) year flood, except those subject to an Evacuation Plan as specified in Chapter 9-845.

(b)

Obstruction of the Floodway. All structures shall be designed to allow free passage of floodwaters and minimize catching of debris.

(c)

Extraction of Sand, Gravel, and Other Materials. There shall be no stockpiling of materials, products, or overburden which may create an obstruction to the passage of flood flows or increase the velocity or elevation of water within the floodway.

(d)

Drainage and Flood Control Development. Drainage and flood control development shall be subject to the following conditions:

(1)

The net effect of any drainage or flood control structure, facility, channel, or other project or combination of projects placed or enlarged within a floodway shall be such that it does not increase the area, velocity, or elevation of floodwaters within the floodway.

(2)

The governing agency having jurisdictional authority over new levee construction, levee modification, or levee maintenance shall condition the approval of said project so that no increase in the area, velocity, or elevation of floodwaters within the floodway results.

(3)

In the absence of any other governing agency with jurisdictional control, the Floodplain Administrator shall have jurisdictional control over projects falling within this Subsection.

(4)

Notwithstanding the foregoing, existing levees which protect and delineate a floodway may be modified or maintained for the purpose of reducing the danger of flood damage to the lands or other property the levees are designed to protect.

(e)

Removal of Equipment and Stored Material. All moveable equipment and stored material shall be removed prior to a flood.

(f)

Bridges Spanning a Floodway. Bridges spanning a floodway shall have the bottom of the lowest horizontal member three (3) feet or more above the one hundred (100) year flood elevation for major streams and two (2) feet or more above the one hundred (100) year flood elevation for minor streams as determined by the Floodplain Administrator.

(g)

Encroachments. Any encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification is provided by a registered civil engineer demonstrating that encroachments will not result in any increase in flood levels during the occurrence of the one hundred (100) year flood discharge.

The following uses and structures shall be prohibited within areas of special flood hazard:

(a)

Uses Prohibited Within Floodways. The following uses shall be prohibited within floodways:

(1)

Storage of hazardous materials, including but not limited to pesticides, radioactive materials, explosives, and other materials which may be hazardous to life, limb, or property when inundated;

(2)

Mobile homes and recreational vehicles not within parks with approved Evacuation Plans;

(3)

Double-wide mobile homes or expando mobile homes;

(4)

New cemeteries or expansion of existing cemeteries;

(5)

New sanitary landfills or expansion of existing sanitary landfills;

(6)

Water wells; and

(7)

Sewage wastewater facilities.

(b)

Structures Prohibited Within Floodways. All structures are prohibited within floodways, except that the structures listed below are allowed, if certification is provided by a registered civil engineer demonstrating that encroachments will not result in any increase in flood levels during the occurrence of the one hundred (100) year flood discharge and all other Floodplain Management provisions are satisfied.

(1)

Pumps, siphons, and appurtenances;

(2)

Fences, walls, signs, and other appurtenances;

(3)

Public and private docks, wharves, piers, and boat launching ramps;

(4)

Marinas, including ramps, gas pumps or docks, and other structures which must be located on, above, or immediately adjacent to a watercourse, provided there is no alternative to location in a floodway;

(5)

Pilings and other support structures;

(6)

Railroads, pipelines, utility lines, and public improvements such as roads and streets; and

(7)

Bridges.

(c)

Uses and Structures Prohibited Within Flood Fringe Areas. The following uses and structures shall not be permitted within flood-fringe areas:

(1)

New cemeteries;

(2)

Solid waste disposal; and

(3)

Hazardous waste facilities and other similar facilities.

No fence without reasonable access openings at least twenty (20) feet in width shall be constructed nor shall any structure or pole be erected within ten (10) feet of the landside or waterside levee toe or within twenty-five (25) feet of the top of either bank of any natural or manmade stream without obtaining the approval of the Department of Public Works. Before granting approval, the Department shall find that the proposal will not interfere with periodic maintenance work being performed by public or private bodies. The decision of the Department of Public Works may be appealed to the Planning Commission.

Chapter 9-704 constitutes the Grading and Excavation provisions. The intent of this Chapter is to provide standards for grading and excavations on private property for agricultural leveling, quarry mining, and grading related to development within the unincorporated area of San Joaquin County.

This section regulates grading and excavations related to development projects.

(a)

Grading or excavation permit required.

Except for the specific exemptions listed hereinafter, no person shall do, or permit to be done, any grading or excavation without a valid grading permit obtained from the Building Inspection Division.

(b)

Exemptions.

The following grading may be done without obtaining a grading permit as required by this Title. Exemption from the requirement of a grading permit shall not be deemed to be permission to violate any provision of this Title.

(1)

Minor projects which have cuts or fills, and which meet all of the following:

(A)

Involve the removal, plowing under, or burial of less than ten thousand (10,000) square feet of vegetation on slopes eight percent (8%) or greater, or any amount of vegetation on slopes less than eight percent (8%);

(B)

Do not create unstable or erodible slopes;

(C)

Do not encroach onto sewage disposal systems or areas;

(D)

The cut is either

(i)

Less than two (2) feet in depth, or

(ii)

The cut does not create a slope greater than five (5) feet in height and steeper than one and one-half (1 ½) horizontal to one (1) vertical;

(E)

The fill is either

(i)

Less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or

(ii)

Less than three (3) feet in depth, not intended to support structures, which does not exceed fifty (50) cubic yards on any one (1) lot and does not obstruct a drainage course.

(2)

Excavations in connection with a swimming pool or structural foundation authorized by a valid building permit.

(3)

Trenching and grading incidental to the construction or installation of permitted underground pipe lines, underground storage tanks, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for permitted wells or post holes.

(4)

Excavations less than one hundred fifty (150) cubic yards for soil or geological investigations by a Geotechnical Engineer or Engineering Geologist.

(5)

Grading in accordance with the plan incorporated in an approved Quarry Excavation Permit per Chapter 9-813, Quarry Excavation Permits, an approved Agricultural Excavation Permit per Section 9-809, or an approved Conditional Use Permit for a sanitary landfill per Section 9-804, Use Permits.

(6)

Excavations for drainage or sedimentation ponds that are included as portions of other ministerial or discretionary development projects under the provisions of this Title.

(7)

Grading or excavations within County rights-of-way or easements for which an encroachment permit has been issued under provisions of Section 9-1145.2.

(8)

Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition.

(9)

Routine cemetery excavations and fills.

(10)

Performance of emergency work necessary to protect life or property when an urgent necessity arises. The person performing such emergency work shall notify the Building Official promptly of the problem and work required and shall apply for a permit within ten (10) calendar days after commencing said work.

(11)

Other exceptions as provided in appendix Chapter 70 of the Uniform Building Code.

(c)

General requirements.

Except as modified by this Section, Chapter 70 of the Uniform Building Code as adopted by reference by the Board shall govern grading and excavation operations.

(d)

Removal from site.

Except as specifically provided for by one of the following, no person shall do, or permit to be done, any grading in such a manner that any quantities of dirt, soil, rock, gravel, or sand is removed from the site.

(1)

Removal when done with an approved surface mining Quarry Excavation Permit per Section 9-813, Quarry Excavation Permits.

(2)

Removal when done with an approved Agricultural Excavation Permit per Section 9-809, Agricultural Permits.

(3)

Removal when done with an approved Conditional Use Permit for a sanitary landfill per Section 9-804, Use Permits.

(4)

Removal of material related to situations listed under Section 9-704.020(b), Exemptions.

(5)

Removal from a development project of incidental excess material during site grading that is done with an approved grading or building permit.

(6)

Removal, by governmental agency, of material donated to the governmental agency for use in governmental projects; material must have been previously stockpiled for a minimum period of eighteen (18) months. Removal shall be subject to Site Approval.

(7)

Grading done by or under the supervision or construction control of a public agency of an excavation within that agency's boundaries. The agency shall assume full responsibility for ensuring that the work is done in compliance with this Title, the San Joaquin Valley Unified Air Pollution Control District's Regulation VIII (Fugitive Dust Prohibitions), and the Surface Mining and Reclamation Act. Excess soil material must be used solely for projects owned or controlled by the public agency and which are within the agency's boundary and within San Joaquin County.

(e)

Water obstruction.

No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of storm waters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels, or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition, or cause accelerated erosion except where said grading is in accordance with all applicable laws, including but not limited to these permit requirements.

(f)

Levee work.

No person shall excavate or remove any material from or otherwise alter any levee required for any waterway, water body, or local drainage control without prior approval of the agency responsible for the maintenance of the levee.

(g)

Administration.

This Section shall be administered by the Director. In subdivisions, the grading plans shall be approved by the Department of Public Works. The rough and finish grading of the lots will be inspected by the Department of Public Works. For development projects that require a discretionary permit, the grading permit will not be issued until the discretionary permit is approved.

This section provides standards for removing excess material from agricultural property for agricultural purposes.

(a)

Applicability.

The provisions of this Section shall apply only if the amount of material being removed is limited to that which is required to increase the agricultural viability of the property.

(b)

Development standards.

The following development standards shall apply to any agricultural excavation permit approved under the provisions of this Title:

(1)

Private Roads. All private roads involved in an excavation shall be maintained so as to control the creation of dust;

(2)

Final Grade. The final grade shall:

(A)

Not result in disruption of the flow of drainage water from the property or adjoining properties;

(B)

Not adversely affect the irrigability of the property or surrounding properties. If the property is within an irrigation district, the final grade shall be limited to that elevation which is necessary to provide gravity irrigation to the property. This determination may be made by the irrigation district;

(C)

Not adversely affect the relation of the water table to the surface of the land;

(D)

Have an average elevation no less than the average elevation of the natural grade of the surrounding land. The average elevation of the natural or existing grade shall be the average elevation of all land one hundred (100) feet from the perimeter of the proposed excavation, excluding any portion of the perimeter adjacent to a river, riverbank, levee, public road, railroad, canal, pipeline, or other similar uses or rights-of-way;

(3)

Waterways. A berm or other improvements may be required adjacent to any waterway, including underground facilities, which adjoins the excavation. The heights, setback, and slope of the berm shall be based on recommendation of the agency responsible for the maintenance of the waterway or the Department of Public Works;

(4)

Hours of Operation. Excavation operations shall not be carried on during the hours from 9:00 p.m. through 5:00 a.m., except during periods of declared national, state, or local emergency. Said hours shall be based on either Pacific Standard Time or Pacific Daylight Saving Time, whichever is legally in effect. The hours of operation may be modified by the Review Authority based upon the excavation's potential effect on surrounding land uses;

(5)

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

(6)

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

(7)

Replacement of Topsoil. During the excavation, the topsoil shall be set aside. Upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the approved Grading Plan, approved by the Review Authority. Replacement of topsoil may be waived by the Review Authority if the soils report indicates the replacement of the topsoil will not enhance the agricultural suitability of the property;

(8)

Weed Control. If noxious weeds are on the site, operations shall be in accordance with instructions from the Agricultural Commissioner of San Joaquin County;

(9)

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

(10)

Commencement of Work. A written notification of work schedules shall be provided to the County by the applicant prior to initiating any grading or excavation;

(11)

Certification of Compliance. At the completion of the grading, the applicant shall have a registered civil engineer or licensed land surveyor compare the excavation's final elevations with the approved permit. The engineer or surveyor shall submit a certified, written finding to the Building Official which states and documents the compliance or noncompliance of the excavation with the approved permit. If the project conforms with the approved permit, the Review Authority shall accept the certification and either notify the applicant that the stockpiled material may be removed or release the required performance guarantee, as specified in Subsection (p);

(12)

Time Limitation. The time limit shall be based upon the characteristics of the proposal, including, but not limited to, the quantity of material to be removed and the applicant's time schedule and phasing plan. Specific time limitation may be required for individual phases of the excavation;

(13)

Erosion Control. Protective vegetative planting, silt screen dams, or other approved methods shall be required where necessary for the control of erosion. An erosion and sediment control plan approved by Development Services Division shall be part of the reclamation plan;

(14)

Excavation/Reclamation Schedule. The reclamation plan (as required in Section 9-851.3) shall show the phases of excavation. Reclamation on one (1) phase of an excavation shall be initiated prior to the start of the next excavation phase. The final reclamation of any phase of excavation shall be completed within two (2) years of the commencement of the reclamation process. Excavation shall be limited so that at any point of time a maximum of one (1) phase is being reclaimed while one (1) phase is being excavated;

(15)

Annual Inspection Reports. The applicant shall pay a fee to the County of San Joaquin to cover the cost of annual inspections of the excavation to ensure compliance with the conditions of the permit and the reclamation plan. The County may use professional services as provided for in Section 9-706.030(b). The consultant shall be selected by San Joaquin County. Upon completion of the annual inspection, the person in charge of the mining operation shall submit to the State Geologist and the County a report which shall contain all the information as required by Section 2207 of the Public Resources Code. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the applicant only if noncompliance with the conditions of the Agricultural Excavation Permit or the reclamation plan is found;

(16)

Performance Guarantee. In order to ensure reclamation of the site, compliance with conditions of approval, and compliance with County and State mining regulations, the applicant shall provide performance guarantees as a condition of the issuance of the Agricultural Excavation Permit. The amount and form of the guarantee shall be subject to annual review and approval by the County and the State, and the amount shall be adequate to ensure reclamation of disturbed land and/or land to be disturbed during a given phase. The annual review of the financial guarantee shall be coordinated with the annual inspection and approval of successive reclamation security so that the guarantee includes the amount of disturbed land plus the amount of land estimated to be disturbed during the next twelve (12) months, less the amount of land previously determined by Development Services Division annual inspection to have been reclaimed. The performance guarantee shall be in the form of either: 1) a surety bond, 2) a trust fund with the lead agency, or 3) an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee shall be payable to "San Joaquin County or the Department of Conservation" under the applicable provisions of the County and the State mining regulations. The financial guarantee shall be callable by the County or the State under the following circumstances:

(A)

The applicant causes the excavation to become idle (as defined in Section 9-900.020) without an approved interim management plan;

(B)

The applicant files for bankruptcy;

(C)

The County or State determines on the basis of annual inspections and reports that the applicant has not maintained substantial compliance with the approved permit;

(D)

There arises an occurrence or circumstance which, in the opinion of the County or State, jeopardizes the site reclamation; or

(E)

The State makes one (1) or more of the findings specified in Section 2774.4(a) of the State Public Resources Code.

In any instance that the County or State makes the demand for partial or full tender of the financial guarantee of performance, the County and/or State may use all or any portion of the financial guarantee to reclaim the site and to recover its administrative costs associated therewith;

(17)

Enforcement. Except as otherwise provided in State Mining Regulations, the County shall have authority to enforce provisions of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the County Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant the costs of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and materials compensation.

(18)

Quantity Limitation. Excavation of more than one hundred thousand (100,000) yards of material shall require a Quarry Excavation Permit. Successive agricultural excavations on the same parcel exceeding a total of one hundred thousand (100,000) yards of material over a period of less than twenty (20) years shall not be permitted. Excavations prior to January 25, 2005, shall not be included in the calculation of the amount of material excavated.

(c)

Surface mining and reclamation act.

Approved Agricultural Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, 3500 et seq.).

This section provides standards for the extraction of mineral resources.

(a)

Surface mining and reclamation act.

Approved Quarry Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, 3500 et seq.).

(b)

Development standards.

Any Quarry Excavation Permit approved under the provisions of this Title shall be subject to the following standards:

(1)

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

(A)

Separation plants;

(B)

Rock crushers;

(C)

Concrete batching plants;

(D)

Asphalt batching plants; and

(E)

Recycling facilities that recycle material into asphalt concrete, Portland cement concrete, aggregate base, sand, gravel, fill dirt, or other products that are determined by the Director to be common to the aggregate industry.

Permitted Accessory Uses shall not be initiated unless approved by the Review Authority as a part of a new Quarry Excavation Permit or separately approved by the Director as an addition to a previously approved Quarry Excavation Permit. The Director shall require the applicant to submit for a Zoning Compliance Review, as provided in Chapter 9-803, with fees as specified by resolution of the Board of Supervisors, in order to secure approval for the permitted accessory use.

(2)

Stockpiling. No stockpiled soil or material shall be placed closer than twenty-five (25) feet to a property boundary except as provided for in Subsection (m);

(3)

Private Roads. All private roads involved in an excavation shall be maintained so as to control the creation of dust. The first one hundred (100) feet of any private road on the property which intersects with a publicly maintained road shall be surfaced in a manner approved by the Director. Traffic-control and warning signs shall be installed, if required, at such intersection. The placement and size of these signs shall be approved by the Director of Public Works;

(4)

Erosion Control. Protective vegetative planting, silt screen dams, or other approved methods shall be required where necessary for the control of erosion. An erosion and sediment control plan approved by Development Services Division shall be part of the reclamation plan;

(5)

Performance Standards. Standards contained in Chapter 9-407 and 9-404 shall be met unless otherwise modified by conditions of the Quarry Excavation Permit;

(6)

Hours of Operation.

(A)

Normal Hours. Plant operations shall normally be carried on during the hours from 5:00 a.m. and 9:00 p.m.

(B)

Time Zone. Said hours shall be based on either Pacific Standard Time or Pacific Daylight Savings Time, whichever is legally in effect.

(C)

Exceptions. Exceptions may be made:

(i)

For periods of declared national, state, or County emergency, or

(ii)

If a finding can be made by the Review Authority that the longer hours of operation will not cause a nuisance in the case of a specific quarry excavation.

(D)

Extension of Hours. Normal operating hours may be extended if the Director of the Community Development Department determines that the extended hours of operation are necessary to meet the operational need of a specific project, provided:

(i)

Any request for extension in the hours of operations shall be made in writing to the Director of the Community Development Department and include:

1.

The reason for the extended hours of operation,

2.

The hours of extended operation and the day the extended operations are to commence and terminate, and

3.

A copy of the bid specifications, contract terms, or other similar applicable documents, if applicable.

(ii)

The request shall be approved or disapproved by the Director of the Community Development Department within three (3) business days following the day on which the request is filed.

1.

If approved, the Director may impose conditions on the extended hours which are appropriate to reduce disturbance to the public or residents in the area of the quarry.

2.

Notice of the approval and conditions shall be sent to all property owners in the area.

(iii)

The applicant shall reimburse the Community Development Department for all costs associated with the request.

(7)

Replacement of Topsoil. In agricultural areas, the topsoil shall be set aside, and upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the excavation permit. This requirement may be waived if the property is to be rehabilitated for a use other than agriculture which is consistent with the General Plan, or if a soils report indicates the replacement of the topsoil will not enhance the agricultural suitability of the property. In such cases, the topsoil may be removed from the site;

(8)

Weed Control. If noxious weeds are on the site, operations shall be in accordance with instructions from the Agricultural Commissioner of San Joaquin County;

(9)

Health Considerations. Quarry excavations shall:

(A)

Not cause health or sanitary hazards and shall not create conditions which will cause the breeding or increase of mosquitos, rodents, or other pests.

(B)

Provide an approved potable water supply for all employees.

(C)

Provide approved toilets for all employees (chemical toilets are acceptable).

(D)

Provide handwashing facilities on or near the approved toilets;

(10)

Setbacks. No excavation shall take place within twenty-five (25) feet of any property line or right-of-way (nor within the allowed slopes adjacent to said twenty-five (25) foot setback), unless the elevation prior to excavation is more than that of the abutting property, in which case the elevation within said twenty-five (25) foot setback shall at no time be less than that of the abutting property, at the property line;

(11)

Slopes. The following provisions do not apply to temporary interior cut slopes (i.e., working slopes that do not fall within any of the criteria listed below). Temporary interior cut slopes shall comply with the Cal OSHA Code of Regulations and/or the Federal OSHA Code of Regulations as applicable.

(A)

Terracing Required. All slopes over fifty (50) feet in height shall be terraced with a maximum vertical distance between terraces of fifty (50) feet. Each terrace or bench shall be a minimum of twelve (12) feet wide.

(B)

Terrace Drainage. Drainage plans with calculations shall be submitted for approval to Development Services Division for all terraces as part of the Reclamation Plan.

Terraces for reclaimed final slopes shall be sloped back towards the fill and be designed such that runoff is directed to collection points where it can enter catch basins and be conveyed via pipes or other acceptable conveyance to the toe of slope. The spacing of collection points shall be no greater than 1,500 feet, with each reclaimed final slope face that has terracing shall have a minimum of one (1) down drain. The method of transporting the water along the flow line of the terrace to the down drain, so as to prevent erosion and possible slope failure, shall be approved by the Development Services Division.

(C)

The method of drainage of terraces for temporary slopes at setback lines shall be submitted to Development Services division for approval.

(D)

Slope Modification Requirement. The Review Authority may require slopes flatter than those specified below for safety or aesthetic purposes if the proximity of residential and other urban uses, waterways or roads, the instability of materials, or the surrounding terrain so warrants.

If after one (1) year or more of extraction the approved slope does not remain stable, the Review Authority shall have the authority to reduce the slope or require other appropriate measures in the immediate area and other areas as deemed necessary in order to correct the condition as well as require the operator to correct the deteriorated slope.

(E)

Slope Stability Factors of Safety. When required in this Title to provide site-specific geologic and engineering slope stability analysis, the following minimum slope stability factors of safety shall apply:

(i)

A minimum factor of safety of 1.5 against static deep seated failure.

(ii)

A minimum factor of safety of 1.5 against static surficial failure.

(iii)

A minimum factor of safety of 1.1 against seismic failure;

(F)

Temporary Cut Slopes at Setback Lines. Temporary cut slopes (i.e., for limited periods of time, slopes that are in the process of extraction prior to being backfilled) at setback lines shall not exceed one (1) foot horizontal to one (1) foot vertical, except that temporary cut slopes at setback lines to a maximum of one half (½) of a foot horizontal to one (1) foot vertical may be maintained if site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed temporary cut slopes will have a minimum slope stability factor of safety as required in Section 9-704.040(b)(11)(D). However, in the event that there are existing structures on the adjacent property (or the immediate potential for structures on the adjacent property), the excavation shall at not time be closer to the property line than a line projected on a slope of one (1) to one (1) from the property line to the toe of slope.

(G)

Final Slopes. Final cut and/or fill slopes shall not exceed two (2) feet horizontal to one (1) foot vertical, except as specified below:

(i)

Final slopes to a maximum of one and one-half (1 ½) feet horizontal to one (1) foot vertical may be maintained when site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed final slopes will have a minimum slope stability factor of safety as required in Section 9-704.040(b)(11)(D), while demonstrating suitability for the proposed end use and protecting against erosion (by means of revegetation or other methods approved by Development Services Division).

(ii)

Final slopes to a maximum of one (1) horizontal foot to one (1) foot vertical may be maintained under water (beginning five (5) feet below the lowest water table on the property experienced in the preceding three (3) years) when site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed saturated slopes will have a minimum slope stability factor of safety as required in Section 9-704.040(b)(11)(D);

(H)

Fill Slopes. Fill slopes shall be constructed consistent with recommendations from a qualified civil/geotechnical engineer based upon site-specific geologic conditions;

(12)

Fencing. Fencing four (4) feet in height consisting of not less than three (3) strands of barbed wire, or an approved equivalent, shall be placed around the excavation area where slopes steeper than two (2) feet horizontal to one (1) foot vertical are maintained. Six (6) foot high security fencing or an approved equivalent shall be required where slopes steeper than two (2) feet horizontal to one (1) foot vertical are created, if the proximity of such slopes to residential uses or other uses involving a concentration of people so warrants;

(13)

Screening and Landscaping. Where an open pit operation is visible from a public road right-of-way or property zoned or shown on the General Plan for residential development, screening consistent with Chapter 9-400 is required;

The Review Authority may approve the use of a landscaped berm to screen the pit provided that an adequate setback for maintenance is provided and sight distance at road intersections is not impaired;

(14)

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

(15)

Excavation/Reclamation Schedule. The reclamation plan (as required in Section 9-813) shall show the phases of excavation. Reclamation on one phase of an excavation shall be initiated prior to the start of the next excavation phase. The final reclamation of any phase of excavation shall be completed within two (2) years of the commencement of the reclamation process. Excavation shall be limited so that at any point of time a maximum of one phase is being reclaimed while one phase is being excavated;

(16)

Time Limitation. The Review Authority may place a time limit on the Quarry Excavation Permit or any phase of the Permit. Absent any specific time limitation, the Quarry Excavation Permit shall remain in effect as long as the excavation continues in compliance with the approved Permit.

(17)

Annual Inspection Reports. The applicant shall pay a fee to the County of San Joaquin to cover the cost of annual inspections of the excavation to ensure compliance with the conditions of the permit and the reclamation plan. The County may use professional services as provided for in Section 9-802.020(c)(5). The consultant shall be selected by San Joaquin County. Upon completion of the annual inspection, the person in charge of the mining operation shall submit to the State Geologist and the County a report which shall contain all the information as required by Section 2207 of the Public Resources Code. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the applicant only if noncompliance with the conditions of the Quarry Excavation Permit or the reclamation plan is found;

(18)

Performance Guarantee. In order to ensure reclamation of the site, compliance with conditions of approval, and compliance with County and State mining regulations, the applicant shall provide performance guarantees as a condition of the issuance of the Quarry Excavation Permit. The amount and form of the guarantee shall be subject to annual review and approval by the County and the State, and the amount shall be adequate to ensure reclamation of disturbed land and/or land to be disturbed during a given phase. The annual review of the financial guarantee shall be coordinated with the annual inspection and approval of successive reclamation security so that the guarantee includes the amount of disturbed land plus the amount of land estimated to be disturbed during the next twelve (12) months, less the amount of land previously determined by the Department of Public Works annual inspection to have been reclaimed. The performance guarantee shall be in the form of either: 1) a surety bond, 2) a trust fund with the lead agency, or 3) an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee shall be payable to "San Joaquin County and the Department of Conservation" under the applicable provisions of the County and the state mining regulations. The financial guarantee shall be callable by the County or the state under the following circumstances:

(A)

The applicant causes the excavation to become idle (as defined in Section 9-900.020) without an approved interim management plan;

(B)

The applicant files for bankruptcy;

(C)

The County or state determines on the basis of annual inspections and reports that the applicant has not maintained substantial compliance with the approved Permit;

(D)

There arises an occurrence or circumstance which, in the opinion of the County or state, jeopardizes the site reclamation; or

(E)

The State makes one or more of the findings specified in Section 2774.4(a) of the State Public Resources Code.

In any instance that the County or state makes the demand for partial or full tender of the financial guarantee of performance, the County and/or state may use all or any portion of the financial guarantee to reclaim the site and to recover its administrative costs associated therewith;

(19)

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

(20)

Enforcement. Except as otherwise provided in State Mining Regulations, the County shall have authority to enforce provisions of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the County Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant the costs of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and materials compensation; and

(21)

Groundwater Conditions. An evaluation of the impact of resource extraction on groundwater conditions shall be required for all quarry excavations which extend to depths below the groundwater level of the uppermost aquifer.

The purpose of this Chapter is to establish regulations for establishing Historic District and Landmark designations for the preservation of historic resources of cultural, archaeological, architectural, aesthetic, and environmental value within the County. Accordingly, the regulations for these designations have the following specific objectives:

(a)

Preserve, maintain, and improve structures, sites, and districts of historical significance;

(b)

Ensure that exterior modifications to designated historic resources (Historic Districts and Landmarks) within the County are consistent with the historic character to be preserved or enhanced, while also enabling adaptive re-use;

(c)

Enhance the visual character of historic areas within the County by providing review criteria for new design and construction that complement the County's historical buildings in these areas;

(d)

Foster civic pride in the beauty and personality of the County and the accomplishments of its past, which enrich the educational, cultural, and aesthetic interests of the County;

(e)

Stabilize and improve property values and provide owners of historic properties reasonable economic uses and inform them of available economic incentives for historic preservation; and

(f)

Provide for historic preservation easements and use of the State Historic Building Code.

The provisions of this Chapter shall apply to all zones in the County and to all identified historic resources and designated landmarks. Buildings, structures, or objects that have been designated a historic resource by a Historic District or Landmark designation shall continue to be subject to all zoning regulations of this Title that would apply to such buildings, structures, or objects if they were not so designated or located.

This section implements the General Plan policy calling for creation of such a commission.

A Historic Preservation Commission may be established to facilitate implementation of the General Plan by identifying historic resources, assisting in the creation and implementation of regulations for Historic Districts and Landmarks, and reviewing to approve, reject, or approve with conditions all proposed projects involving major alterations to designated historic resources. If a Historic Preservation Commission is established, the organization, powers, and responsibilities will be as follows.

(a)

Membership. The Commission shall consist of at least five members who reside in the County and have a demonstrated special interest, competence, or knowledge of historic preservation. Two additional members may be included at the discretion of the Board. Each of the supervisorial districts of the County shall be represented by one member. To the extent practicable, membership shall consist of at least one licensed architect, one licensed landscape architect, and one representative from the San Joaquin County Historical Society.

(b)

Appointment. The members of the Commission shall be appointed by the Board.

(c)

Training. Each member of the Commission shall attend at least one informational or educational meeting, seminar, workshop, or conference per year that pertains directly to the work and functions of the Commission and is approvable by the State.

(d)

Lapse of Membership. The office of any Commissioner shall become vacant if they is absent from two consecutive regularly scheduled meetings unless the absences are excused.

(e)

Responsibility. The Commission shall meet at least four times annually to perform the following tasks:

(1)

Act in an advisory capacity to the Board in all matters pertaining to historic preservation;

(2)

Maintain a local inventory of historical resources within the County; publicize and update the inventory periodically;

(3)

Recommend the designation of Historic Districts and Landmarks, and review and approve certificates of appropriateness and demolition permits;

(4)

For projects requiring Planning Commission approval, the Historic Preservation Commission shall review only the historic preservation-related issues and make a recommendation to the Planning Commission.

(5)

Investigate and report to the Board on the use of various federal, state, local, or private funding sources and mechanisms available to promote historic preservation in the County;

(6)

Review and comment on the decisions and documents (including environmental assessments, environmental impact reports, and environmental impact statements) of other non-County public agencies when they affect designated historic resources in the County;

(7)

Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historical resources;

(8)

Render advice and guidance upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping, or maintenance of any historic resource; and

(9)

Perform any other functions that may be designated by resolution or motion of the Board.

(f)

Rules of Procedure Required. The Commission shall adopt reasonable rules for the conduct of meetings.

(g)

Surveys. The Commission shall develop procedures for conducting surveys of historic resources in accordance with guidelines published by the California State Office of Preservation. Standards for evaluation of resources shall be consistent with the National Register of Historic Places Criteria.

(h)

Term of Office of Members. The term of each member shall be for four years. However, the Commissioners first appointed shall serve the following terms:

(1)

One Commissioner for a term of one year,

(2)

Two Commissioners for a term of two years,

(3)

Two Commissioners for a term of three years, and

(4)

If there are seven Commissioners, then two Commissioners for a term of four years.

The Commissioners first appointed, at their first meeting, shall decide by lot which of them shall serve these terms. Thereafter, members of the Commissioners shall be appointed for terms of four years, except that in the event of a vacancy in office, the Commissioner appointed to fill the vacancy shall serve for the unexpired term to which they are appointed.

(a)

Eligibility. An Historic District designation may be applied to any significant area with historic resources, including both contributing and non-contributing buildings, and a Landmark designation may be applied to any significant building on the County's Historic Register. These designations may be combined with any zone designation. They also must be consistent with the General Plan.

(b)

Zoning Map Designation. Each Historic District or Landmark designation shall be shown on the zoning map by adding an -H or an -L designator, respectively, to the zone district designation followed by the number of the Historic District or Landmark designation, based on its order of adoption with reference to the enacting ordinance.

(a)

Initiation. An application for a Historic District or Landmark designation may be initiated by the Board of Supervisors, the Planning Commission, or by any property owner in the County. If the designation is initiated by a property owner, the application must be accompanied by such historical and architectural information as is required by this Chapter to enable the Planning Commission to make an informed recommendation concerning the application, together with the required fee.

(b)

Public Notice. Upon initiation, notice shall be provided in accordance with the provisions of Chapter 9-802, Common Procedures. The Zoning Administrator shall post a Public Notice at County offices and on the County's website and inform all property owners by mail that would be subject to the designation of the restrictions and incentives that will be placed on their property as a result of such designation, the language of this article, and how to avail themselves of a Mills Act contract and other incentives.

Upon the recommendation of the Historic Preservation Commission and the approval of the Board, an area with significant historic resources may be designated as a Historic District or a significant building may be designated as a Landmark if the Commission makes the following findings:

(a)

It exemplifies or reflects valued elements of the County's cultural, social, economic, political, aesthetic, engineering, archaeological, or architectural history;

(b)

It is identified with persons or events important in local, state, or national history;

(c)

It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;

(d)

It embodies distinguishing characteristics of an architectural style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

(e)

It is representative of the notable work of a builder, designer, or architect whose style influenced the County's architectural development.

Any geographic area of the County, site within the County, and/or a building structure, or object may be designated as a Historic District or Landmark in compliance with the following requirements.

(a)

Eligibility for Designation of Historic Districts and Landmarks. A geographic area or historic structure or site within the County that is included in the County's Historic Register may be designated if one or more of the designation criteria in Section 9-705.050 are met, as rigorously applied and supported by findings of historical or architectural significance. Within Historic Districts, contributing buildings shall be identified separately from non-contributing buildings.

(b)

Optional District Historic Conservation Plan. Prior to filing an application for a Historic District designation, the applicant may prepare an optional Historic District Conservation Plan with the assistance of the Community Development Department. Each Conservation Plan shall contain:

(1)

Description of the District. A map and a detailed description of the proposed district, including boundaries; number of contributing buildings and non-contributing buildings, the age, setting, and character of the contributing buildings; a map or list of addresses of each contributing and non-contributing building; an informative historic context of the district and any associations under which the district appears eligible for listing, urban design elements and streetscapes; major public improvements; and proposed objectives to be achieved;

(2)

Significance of the District. A statement of the architectural or historical significance of the proposed district;

(3)

Allowable Alterations. A list of specific alterations (such as the replacement of windows, remodeling of an entryway, addition of dormers to the roof, or construction of a deck or staircase) to contributing buildings that shall be subject to review in order to protect the architectural or historical character of the proposed district; and

(4)

Development Standards and Guidelines for New Construction. A set of specific development standards and guidelines for new construction and alterations necessary to preserve the character of the proposed district. The standards and guidelines must include but are not limited to the following topics: architectural design, construction materials, height, setbacks, landscaping, lighting, parking, roof details, and entry and window design.

(c)

Application Requirements.

(1)

Eligibility for Filing. An application for designation may be initiated by a property owner.

(2)

Fee. A fee as established in the County's Fee Schedule.

(3)

Application Contents. The application shall include basic information on the proposed designation and the reasons justifying it, and the application shall include evidence of the consent of the owner or authorized agent to the proposed designation.

(4)

Additional Information May Be Requested. Prior to accepting the application as complete, the Zoning Administrator may request additional information, plans or materials deemed necessary to support the application.

(d)

Review and Approval.

(1)

Information to be Provided to the Historic Preservation Commission. County staff shall provide the Historic Preservation Commission with the following information to determine whether the proposed district or landmark has a significant architectural historical or cultural character that can be preserved and enhanced through appropriate controls on new development and alterations to existing buildings, structures, objects.

(A)

An explanation of the reasons that a Historic District or Landmark designation should be established;

(B)

A description of the area to be included with the Historic District, supported by text, maps, and photographs, and an identification of contributing and non-contributing buildings based on the surveys of historic resources that were conducted.

(C)

Recommended guidelines, standards, policies, and restrictions to be included to ensure preservation of historic resources (contributing buildings) and to allow for future development, including reconstruction, rehabilitation, and restoration of both contributing and non-contributing buildings.

(2)

Public Hearings. The Commission shall hold a duly-noticed public hearing to consider the proposed designation along with the background information provided and determine whether to recommend a designation to the Board. If the Commission determines that a designation may be appropriate and complies with the criteria of Section 9-705.070 the proposed designation shall then be the subject of a duly-noticed public hearing before the Board.

(3)

Required Findings. In order to place a designation on a district or landmark, the Board must find that the proposed Historic District or Landmark has a significant architectural historical or cultural character that can be preserved and enhanced through this designation and appropriate controls on new development and alterations to existing buildings, structures, and objects.

(4)

Action by the Board of Supervisors. After closing the public hearing, the Board shall by resolution approve Historic Preservation Commission's recommendations, in whole or in part, or shall by motion disapprove it in its entirety. Notice of the Board's decision shall be sent to all parties noticed of the Board's hearing and any other interested or affected parties.

(5)

Adoption of Historic Conservation Plan (Optional). The Board may adopt an ordinance establishing a Historic District Conservation Plan, in the form submitted or as revised by the Historic Preservation Commission or the Board.

(A)

The development guidelines included within the Historic Conservation Plan may modify the development regulations of the base zone but shall not change the maximum density or intensity standards of the base zone, nor alter the dimensional development standards by more than 10 percent. When establishing modification to development regulations, special consideration shall be given to:

(i)

Transitional height, setbacks, and upper story stepbacks for non-contributory buildings adjacent to contributory buildings, when height is a character defining feature of a district; and

(ii)

Parking requirements when a historic resource does not include on-site parking, and the zone has parking requirements.

(B)

A guideline shall be found to be a significant alteration of base zone regulations if it substantially prevents property from being used in compliance with the provisions of the base zone or creates a substantial number of nonconforming uses or structures.

(6)

Amendment of Historic Conservation Plan. An adopted Historic Conservation Plan may be amended by the Historic Preservation Commission after holding a duly-noticed public hearing. Major amendments affecting land use and development regulations require approval of the Board of Supervisors at a duly-noticed public hearing.

(e)

Amendment or Rescission of Designation. The subject property owner, the Historic Preservation Commission, or the Board may initiate, amend, or rescind any designation of an historical resource (a Landmark or Historic District) in the same manner and procedure as are followed for designation, if the resource no longer meets the designation criteria found to apply due to the subsequent discovery of information on the significance of the resource or the destruction of the resource by a catastrophic event.

(a)

Recording of Historic Resources. Designations of historic resources (buildings, structures, objects or sites) pursuant to this Chapter shall be recorded in a San Joaquin County Historic Register. The County's Historic Register shall be maintained on file with the Clerk of the Board, the Community Development Director, the Zoning Administrator, the Building Official, the San Joaquin County Library, San Joaquin County Historical Museum. San Joaquin County Historical Society, and the State Office of Historic Preservation.

(b)

Deletion of a Listed Structure Due to Demolition. When a listed structure has been demolished pursuant to any provisions of this Title, the Director of Community Development, upon notice thereof, shall cause such listed structure to be deleted from the County's Historic Register and shall notify the Clerk and others holding copies of this Register of this action. Upon such deletion, the provisions of this Title shall not be deemed to encumber or otherwise restrict the use of the subject remaining property.

(a)

General Requirements. Proposed development and new land uses subject to a Historic District or Landmark designation shall comply with all applicable requirements of the base zone, except:

(1)

Where modified by a Historic Conservation Plan;

(2)

Where the Historic Preservation Commission grants an exception to the land use regulations of the base zone through a Conditional Use Permit approval after determining that the exception is necessary to permit the preservation or restoration of a historic or architecturally significant building, structure, object, or site; or

(3)

In the event of a conflict between the requirements of the base zone and the Historic Conservation Plan, the Historic Conservation Plan shall govern.

(b)

Preservation Easements. Preservation easements on the facades of buildings designated as a Landmark or a contributing building in a Historic District may be acquired by the County or nonprofit group through purchase or donation pursuant to Civil Code Section 815.

To the extent allowable under state law and if adopted by the Board of Supervisors, the Building Official shall apply the State Historic Building Code (Title 24, Part 8 of the California Code of Regulations) rather than the California Building Code for alterations and additions to structures on the County's Historic Register, the California Register of Historical Places, and the National Register of Historic Places. The California State Historic Building Code provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as cultural resources.

A Certificate of Appropriateness shall be applied for as a Zoning Compliance Review and is required prior to development, exterior alteration, restoration, rehabilitation, or relocation of any structure subject to a Historic District or Landmark designation.

(a)

Authority. The Zoning Administrator shall have the authority to review and approve, approve with conditions, or reject a Certificate of Appropriateness pursuant to the procedures and criteria in this section.

(b)

Exemptions. No Certificate of Appropriateness is required for ordinary maintenance; interior modifications; work pre-approved in a Mills Act contract; and any development, alteration, restoration, rehabilitation, or relocation to a non-contributing building that is not specifically described in an application for Historic District designation or Landmark designation or in a Mills Act contract application as having historical or architectural value.

(c)

Criteria. To approve an application for a Certificate of Appropriateness, the Zoning Administrator shall find that the proposed work confirms to the Secretary of the Interior's Standards for the Treatment of Historic Properties or a specific Historic District Conservation Plan, if adopted by the Board, and more specifically:

(1)

Whether the proposed construction, reconstruction, or relocation is appropriate and consistent with this section and, if applicable, the Historic Conservation Plan for a specific Historic District.

(2)

Whether the applicant has demonstrated that every reasonable effort will be made to minimize alteration of any contributory structure or designated Landmark and preserve its integrity.

(3)

With regard to any property that is located within a designated Historic District but is not a contributing structure, the proposed work does not adversely affect the character and integrity of the district.

(4)

Whether the distinguishing original qualities or character of a contributory building, structure, or object, or site and its environment will not be destroyed, and the removal or alteration of any historic material or distinctive architectural feature will be avoided, to the greatest extent reasonably practical.

(5)

Whether changes which may have taken place in the course of time are evidence of the history and development of a contributory structure or site and its environment and that such changes which may have acquired significance in their own right, will be recognized and respected.

(6)

Whether distinctive stylistic features or examples of skilled craftsmanship which characterize a structure or site will be retained, to the extent reasonably possible.

(7)

Whether any proposed project will destroy significant historical, architectural, or cultural material, and will be compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

(8)

Whether additions or alterations to contributory buildings, structures, objects or sites or designated landmarks will be done in a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

(d)

Conditions. The Zoning Administrator may impose reasonable conditions of approval of a Certificate of Appropriateness to ensure compliance with the Historic Conservation Plan or maintain the integrity of the Landmark.

(e)

Amendment to Certificate of Appropriateness. A Certificate of Appropriateness may be amended, extended, or modified at any time over the life of the building, only in accord with the procedures and criteria established for its original approval.

A Demolition Permit is required for any structure subject to a Historic District or Landmark designation, or listed in the San Joaquin County, Federal, or State Historic Registers, and any building, structure, or object more than 45 years old. The decision to issue a permit to demolish a building, structure, or object or alter a site subject to a Historic District or Landmark designation or listed in the County's Register is discretionary and subject to review under CEQA.

(a)

Application for a Demolition Permit. An application for a permit to demolish a building, structure, or object that is at least 50 years old but not listed in the County's Historic shall include an eligibility evaluation on DPR523 series forms, as necessary, provided by the California Office of Historic Preservation (OHP), and prepared according to "Instructions for Recording Historic Resources" provided by the California Office of Historic Preservation. Based on an initial review of the form, the Zoning Administrator shall render an opinion within 30 days on whether the structure is eligible for listing as a historic resource.

(b)

Referral to Historic Preservation Commission. If a structure is eligible for listing as a historic resource, the Zoning Administrator shall refer the matter to the Historic Preservation Commission. The Commission shall review the completed DPR523 series form, and the Zoning Administrator's opinion, and determine whether the structure is eligible for individual listing or as a contributing element to a Historic District on the National Register of Historic Places, the California Register of Historic Resources or County's Historic Register. If the Commission's determination conflicts with the opinion of the Zoning Administrator, the Board of Supervisors shall resolve the conflict and determine the final opinion.

(1)

If the determination is negative, no other action is required by the applicant.

(2)

If the opinion is positive, then the Commission shall review the completed DPR523 series form and determine if the structure is eligible for listing individually or as a contributing structure in a historic district on the National Register of Historic Places, the California Register of Historic Resources or the County's Historic Register.

(3)

If the building, structure, or object is determined to be eligible for listing either individually or as a contributing element, a Certificate of Appropriateness shall be required.

(4)

An eligibility determination for listing in the County's Historic Register may be appealed to the Board of Supervisors. An eligibility determination for listing in the National Register of Historic Places or the California Register of Historic Resources may be appealed only to the State Historic Preservation Office.

(c)

Exceptions. Unless exempt from permit requirements by other laws or codes, a decision on a Demolition Permit application shall be ministerial for the demolition of process equipment, goods movement equipment and facilities, and construction installations.

(a)

Duty to Maintain. All property owners in a designated Historic District and all property owners of buildings, structures, or objects assigned a Landmark designation shall have the obligation to maintain structures and premises in good repair, and no owner shall permit the building, structure, or object to fall into a serious state of disrepair so as to result in deterioration of any architectural feature that would produce a detrimental effect upon the character of the Historic District or the life and character of a Landmark. Structures and premises shall be considered in good repair if they do not present material evidence of disrepair or material variance in condition from surrounding structures that comply with the provisions of this ordinance.

(1)

Visual Inspection. For the purposes of ascertaining if a building, structure, or object is in good repair, staff or members of the Commission may perform a visual inspection from the street.

(2)

Enforcement. For situations where a visual inspection indicates that a building, structure, or object may not be in good repair, a referral may be made to Code Enforcement.

(b)

Ordinary Maintenance and Repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature of any property covered by this Chapter, so long as such maintenance or repair does not involve a change in exterior design, material, or appearance, or a technique that is contrary to the Secretary of the Interior's Standards for Treatment of Historic Properties. A change in existing paint color is not construed as a change in appearance or design unless the paint color was reviewed and approved as part of a previous discretionary review.

(c)

Standards of Review. The standards of review for "good repair" and "disrepair" are as follows:

(1)

Good Repair. Includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents unreasonable deterioration, dilapidation, and decay of the exterior portions of the structure and premises, including exterior character-defining features.

(2)

Disrepair. Includes but is not limited to unreasonable deterioration of exterior walls, plaster, mortar or vertical or horizontal supports; deterioration of roofs and exterior chimneys; ineffective waterproofing, including broken windows or doors; or the deterioration of any other exterior feature that would create a hazardous or unsafe condition.

(d)

Notice to Comply. If the Zoning Administrator determines that a historic resource or any other property in a Historic District or any designated Landmark is being neglected and subject to damage from weather or vandalism, the Zoning Administrator shall meet with the owner or other person having legal custody and control of the historic resource or Landmark to discuss with them ways to improve the condition of the property. If no attempt or insufficient effort is made to correct any noted conditions thereafter, the Zoning Administrator may issue a Notice to Comply requiring the owner or other person having legal custody and control of the historic resource or Landmark to take action to require corrections of defects in the subject property in order that such historic resource or Landmark may be preserved in accordance with this section, except if the property owner can present clear and convincing evidence to the Zoning Administrator that his/her ability to improve the condition of the property is constrained by limited financial resources of other immediate and substantial hardship. If a financial or other hardship is found to exist, the Zoning Administrator shall make a written finding to that effect which specifies the facts relied upon in making such a finding and withdraw the order to comply until such time that the work needed can be accomplished.

(e)

Prevention of Demolition by Neglect.

(1)

General Obligation. The owner, lessees and any other person in actual charge or possession of an historical resource shall prevent demolition by neglect.

(2)

Approval of Demolition with Showing of Extreme Hardship. If the applicant for an alteration or demolition permit presents facts clearly demonstrating to the satisfaction of the Historic Preservation Commission that failure to approve an application will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved, the Commission may approve or conditionally approve such application even though it does not meet the standards set forth in this Chapter. In determining whether extreme hardship exists, the Commission shall consider evidence which demonstrates that:

(A)

Denial of the application will diminish the value of the subject structure or property so as to leave substantially no value.

(B)

Sale or rental of the property is impractical, infeasible, or uneconomic, when compared to the cost of holding such property for uses permitted in the zone.

(C)

Improvement of the property in a manner which would preserve its character defining features is impractical, infeasible, or uneconomic.

Under the provisions of the Government Code (Section 50280 et seq., known at the Mills Act), the County may contract with the owner of any property listed on the National Register of Historic Places, California Register of Historic Resources or the San Joaquin County Historic Register that are within a designated Historic District or are a designated Landmark. The primary purpose for offering Mills Act contracts is to assist in the rehabilitation or restoration and long-term maintenance of historic resources in the County. Upon execution of the contract, the property owner will henceforth benefit from a potential reduction in property taxes, and the County will be assured via a regularly scheduled inspection of the exterior for conformity, that the historic building is rehabilitated, maintained and preserved as necessary in a manner in compliance with the requirements of the State Office of Historic Preservation of the California Department of Parks and Recreation, the appropriate treatment approach outlined and described in the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the State Historic Building Code. This program also is enacted pursuant to the California Revenue and Taxation Code Article 1.9, Sections 439 through 439.4.

(a)

Application.

(1)

Who May File. Any person may file an application with the Zoning Administrator to enter into a Mills Act contract. An application must be accompanied by the applicable application fee, which shall be non-refundable.

(2)

Application Contents. An application shall contain the following information:

(A)

Name and address of the applicant and of all owners of the subject property;

(B)

Evidence that the applicant is the sole owner of the subject property or has the written permission of all owners to make such application and the grant deed;

(C)

The location and legal description of the subject property;

(D)

Photos of the property demonstrating its historic significance;

(E)

A County Assessor's Parcel map;

(F)

The most recent property tax bill;

(G)

Evidence that the subject property is a qualified historic property (meaning a site/area/building subject to a historic district or Landmark designation or listed on the County's Historic Register, the National Register of Historic Places, or the California Register of Historic Resources);

(H)

A proposed plan for the preservation and, when necessary, the restoration and/or rehabilitation of the subject property, including a schedule and cost estimates prepared by licensed businesses, for all construction and maintenance work proposed to be performed;

(I)

Evidence satisfactory to the Zoning Administrator that execution of the Mills Act contract will result in the preservation and, when necessary, the restoration and/or rehabilitation of a qualified historic property; and

(J)

Such other information as the Zoning Administrator may require.

(b)

Inspection of the Property. After the Zoning Administrator determines that an application to participate in the County's Mills Act Program is complete, the Zoning Administrator shall cause to be conducted, and the owner or owners shall allow, one inspection of the exterior and interior of the subject property and whichever features of the property are needed to substantiate the information and evidence contained in the application as determined by the Zoning Administrator, and to determine whether any proposed work is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. If after the inspection the Zoning Administrator identifies that work is needed for restoration and/or rehabilitations of the subject property, the Zoning Administrator shall provide written findings to the property owner with a list and explanation of the recommended restoration and/or rehabilitation.

(c)

Grant or Denial of the Application.

(1)

Approval of Application. The Zoning Administrator, in consultation with County Counsel, may recommend that the Board of Supervisors authorize the County Administrator to execute a Mills Act contract if, after the inspection required, the Zoning Administrator and County Counsel determine that the information and evidence contained in the application has been substantiated, and that the work proposed is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. Upon receiving Board approval, the County Administrator and all owners of the subject property shall execute a Mills Act contract containing all of the provisions required and including any required improvement plan as an exhibit, incorporating its provisions into the contract. An historical property contract shall not be effective for any purpose unless all owners of the subject property execute the subject contract and pay the applicable nonrefundable, contract execution fee. Within 20 days after execution of the contract and prior to recording, the owner or owners shall pay all required inspection, recording, and other fees set forth in the contract.

(2)

Denial of Application. The Zoning Administrator shall deny the application if it fails to contain the information and evidence required by applicable provision of the Government Code, or if the Zoning Administrator or County Counsel determine that such evidence and/or information has not been satisfactorily substantiated following inspection of the subject property. The Zoning Administrator shall also deny the application if he/she determines that granting the application would be inconsistent with any provisions of the Mills Act. At any time prior to denying an application, the Zoning Administrator or County Counsel may suggest modifications or changes to the application that, if adopted by the applicant, would cause the application to conform to the requirements of this part.

(3)

No Administrative Appeal. The decision of the Zoning Administrator to deny the application shall be final and shall not be subject to administrative appeal.

(d)

Exemption from Disqualification. Where a qualified historical property is ineligible to participate in the Program because of any provisions of this Chapter or the Mills Act and the Zoning Administrator denies the application, the owner or other person authorized by the owner may file a request with the Zoning Administrator for an exemption from the disqualifying provisions pursuant to this section.

(1)

Requirements for Exemption Request. A request for an exemption shall be accompanied by the applicable application fee and the applicable exemption request fee. The exemption request shall include evidence that, notwithstanding the disqualifying provisions, the subject property is deserving of a Mills Act contract due to its exceptional nature, or because it is subject to special circumstances not generally applicable to other qualified historical properties. After the Zoning Administrator determines that the exemption request application is complete, the Zoning Administrator shall inspect the property and evaluate whether the exemption is warranted due to the exceptional nature of the subject property or because the subject property is subject to special circumstances not generally applicable to other qualified historical properties.

(2)

Zoning Administrator's Recommendation. Upon completion of his/her review of the exemption request and inspection of the subject property, the Zoning Administrator shall make a recommendation to the Board of Supervisors to approve or deny the request based on the criteria set forth in in this Chapter and the Administrator's evaluation of the evidence submitted to show that the subject property has an exceptional nature or is subject to special circumstances not generally applicable to other qualified historical properties that warrant the exemption.

(3)

Board Decision. The Board of Supervisors shall be presented with information regarding the exemption request in a Staff report accompanied by the application for a Mills Act contract. The Board of Supervisors may grant the exemption request if it finds that the applicant has substantiated the information and evidence required, and that the work proposed as part of a plan is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. If the Board of Supervisors grants the exemption request, the decision of the Zoning Administrator shall be considered overruled, and the County Administrator and all owners shall execute a Mills Act contract.

(e)

Contract Terms. Any contract that is entered into shall comply with the following provisions:

(1)

Minimum Term. The minimum term of a Mills Act contract shall be 10 years. Each year, on the date specified in the contract, the contract is automatically renewed for an additional year unless a Notice of Nonrenewal is given or the contract is cancelled;

(2)

Preservation, restoration, and rehabilitation. Property owners under contract shall provide for the necessary preservation, restoration, and rehabilitation of the property so that it conforms with the rules and regulations of the Secretary of the Interior's Standards for Rehabilitation and the California State Historical Building Code;

(3)

Inspections. The contract shall provide for the periodic examination of the interior and exterior of the premises by the Community Development Department, Assessor, the Department of Parks and Recreation, and the State Board of Equalization to determine the owner's compliance with the contract;

(4)

Successors. The contract shall be binding upon any successor to the original property owner, i.e., the contract shall "run with the land." The successor in interest shall have the same rights and obligations as the original owner who entered into the contract.

(5)

Annexation. If a County annexes a historic resource with an established Mills Act contract, the County shall succeed to all rights, duties and powers formerly held by the County.

(6)

Recordation. The establishment or cancellation of a contract shall not be final until the contract or notice of cancellation is recorded with the County Recorder by the Community Development Department.

(7)

Notification. The owner or agent of an owner shall provide written notice of the contract to the state Office of Historic Preservation within six months of entering into the contract.

(f)

Nonrenewal of Mill Act Contracts. Either party to a Mills Act contract may submit a Notice of Nonrenewal. Failure to serve a written Notice of Nonrenewal to the other party within the times listed below shall result in an additional year being added to the annual renewal date of the contract.

(1)

Notice Requirements. A "Notice of Nonrenewal" to terminate a Mills Act contract shall include all documentation, maps or other information required by the Zoning Administrator. It shall be filed with the Community Development Department. The contract shall continue until the term of the contract has expired.

(2)

If County Initiated. A Notice of Nonrenewal initiated by the County shall be given to the owner or the owners designated agent at least 60 days before the anniversary date of the contract.

(3)

If Owner Initiated. A Notice of Nonrenewal initiated by the owner shall be given to the County at least 90 days before the anniversary date of the contract.

(g)

Cancellation of Mills Act Contracts. For the reasons listed below, the County or the owner may initiate a Mills Act Cancellation. The cancellation fee and any applicable penalty fee shall be paid at the time the request for cancellation is made. The penalty fee is 12.5 percent of the current fair market value of the property.

(1)

Notice Requirements. Cancellation of a Mills Act contract requires notification to the property owner, public notice in a newspaper of general circulation and a public hearing by the Board of Supervisors. Immediately following approval by the Board of Supervisors, the cancellation process shall begin.

(2)

Allowable Reasons for Cancellation.

(A)

Eminent Domain. If the historic resource is acquired in whole or in part by eminent domain, the contract shall be deemed null and void. No penalty fee shall be imposed on the property owner;

(B)

Breach of Contract. If it is determined that the property owner has breached any of the conditions of the Mill Act contract, the contract shall be cancelled, and a penalty fee shall be imposed on the property owner;

(C)

Inadequate Restoration. If the owner has not rehabilitated the property in the manner specified in the Mills Act contract, the contract shall he cancelled, and a penalty fee shall be imposed on the property owner; or;

(D)

Deterioration. If the property has deteriorated and no longer meets the federal standards for a qualified historic resource referred to in the Mills Act contact, the contract shall be cancelled, and a penalty fee shall be imposed on the property owner.

(a)

Any person who violates a requirement of this Chapter or fails to obey an order or permit issued pursuant thereto shall be guilty of a misdemeanor.

(b)

Any person who constructs, alters, removes, or demolishes a historic resource or Landmark in violation of this Chapter shall be required to restore the building, object, site, or structure to its appearance or setting prior to the violation to the extent such restoration is physically possible. Any action to enforce this provision may be brought by the County or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and the penalty or other remedy provided by law.

The purpose of this Chapter is to provide a process to assure adequate monitoring and reporting of all measures required to mitigate potential impacts from discretionary projects, as required by Section 21081.6 of the California Public Resources Code and the General Plan.

The Zoning Administrator or the Planning Commission, whichever has permit approval authority, shall adopt a Monitoring and Reporting Plan for discretionary projects that are approved subject to conditions or changes deemed necessary to reduce potentially significant environmental impacts below a level of significance. This Plan must be approved prior to project approval and, at a minimum, include:

(a)

A description of the approved project.

(b)

A listing of each mitigation measure required to reduce potentially significant environmental impacts below a level of significance.

(c)

The means and methods of monitoring and reporting on the required mitigation measures:

(1)

The department, division, agency, firm, or individuals responsible for conducting or overseeing the monitoring and reporting function;

(2)

An identification of the date or other appropriate time period for implementing each mitigation measure;

(3)

An identification of the frequency of inspections and the duration of the required monitoring and reporting; and

(4)

A detailed work program and task assignment worksheet for monitoring and reporting.

(d)

The anticipated cost to be paid by the applicant and the timing and method of payments.

The Zoning Administrator shall be responsible for preparing and implementing the Monitoring and Reporting Plan.

(a)

The Zoning Administrator may request, and shall receive, assistance from other County departments in implementing the Monitoring and Reporting Plan.

(b)

The Zoning Administrator may delegate specific responsibilities for monitoring or reporting to project applicants or qualified consultants.

Progress reports summarizing the progress made toward achieving required mitigation measures shall be made at intervals prescribed by the Zoning Administrator.

(a)

All progress reports shall be made available for public inspection at the Community Development Department offices.

(b)

A copy of each progress report shall be mailed or sent digitally by email by the Zoning Administrator to the project applicant or the project applicant's designated representative or their successors within five working days after receipt of such report.

A fee, as specified by resolution of the Board of Supervisors, shall be paid by the project applicant to cover the County's cost of preparing, administering, and implementing the Monitoring and Report Plan, with the following modifications:

(a)

Unless otherwise required by the Zoning Administrator, the fee shall be paid prior to the acceptance of any plans for review by the Building Official.

(b)

For projects which require monitoring longer than 12 months, such as projects approved with a development agreement, the applicant will be required to demonstrate that long-term funding of the Monitoring and Reporting Plan will be assured.

A Monitoring and Reporting Plan may be amended in whole or in part, following the procedures in Section 9-802.120, Modification of Approved Plans.

In addition to the enforcement mechanisms specified in Chapter 9-802, Chapter 9-815, and Chapter 9-816, violation of an approved Monitoring and Reporting Plan may result in one or more of the following actions:

(a)

Forfeiture of any bond trust account, or other financial assurance;

(b)

Action to recover funds assured under a letter of credit; or

(c)

A lien against the real property subject to the violation in the amount necessary to correct the violation.

This Chapter establishes regulations for the protection, conservation, and/or managed use of specified natural resources, including riparian habitat and mineral resources.

The requirement of this Chapter shall apply to all development projects requiring discretionary approval that may directly or indirectly affect riparian habitat or mineral resources designated for Resource Conservation in the General Plan. Riparian habitat areas adjacent to waterways also are subject to Chapter 9-707, Waterways and Wetlands.

(a)

Determinations Needed for Proposed Loss. An action that, in the opinion of the Zoning Administrator, has the potential to destroy, eliminate, or degrade riparian habitats shall not be permitted, unless the Zoning Administrator determines that: 1) the potential loss is in the public interest, or 2) potential destruction, elimination, or degradation of the riparian habitat would be mitigated through a Riparian Habitat Mitigation Plan, which would be part of the conditions of project approval.

(b)

Riparian Habitat Mitigation Plan. The Riparian Habitat Mitigation Plan shall include specific actions to protect existing riparian habitat or a plan to replace, preserve, or develop new habitat, or a combination thereof. The Plan shall be prepared by a qualified biologist approved by the Zoning Administrator and shall be subject to the following provisions:

(1)

On-Site Riparian Habitat. The Plan shall show the location and extent of existing riparian habitat on the site of the proposed project and shall indicate the riparian habitat that may be destroyed, eliminated, or degraded as a result of the project as well as the riparian habitat that is to be retained and protected, with methods for ensuring protection.

(2)

Natural Bank Buffer. Parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of this open space shall be 100 feet, measured from the mean high-water level of the natural bank or 50 feet back from the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer.

(3)

Mitigation Sites. The Plan shall indicate sites that are to be developed or preserved to serve as mitigation for loss of riparian habitat resulting from the proposed project. To the extent practicable, mitigation sites shall be in San Joaquin County and shall facilitate maintenance or enhancement of riparian corridors.

(4)

Contribution to Existing Off-Site Habitat Site. In lieu of establishing and maintaining riparian habitat on the site of the proposed development, the applicant may contribute to the acquisition and maintenance of an existing off-site riparian habitat area or contribute to the establishment and maintenance of a new riparian habitat area. The amount of the contribution shall be based on the cost of establishing and maintaining replacement habitat for a five-year period on site.

(5)

Replacement Vegetation. Vegetation planted to mitigate the loss of riparian habitat shall generally be native vegetation. The size of the area of replacement vegetation shall be at least two times the size of the area that is to be destroyed, eliminated, or degraded.

(6)

Maintenance. Specific actions to maintain replacement vegetation for five years shall be incorporated into the Plan.

(7)

Conservation Easement. Assurance of habitat preservation shall be by conservation easements approved by County Counsel.

For extractive projects and non-extractive projects/activities proposed in areas of significant sand and gravel deposits designated for Resource Conservation on the General Plan Map or identified as sand and gravel resources by the by the California Division of Mines and Geology or the California Geologic Survey published by the State Department of Conservation, the following requirements shall apply:

(a)

Extractive Projects. For an extractive project, the applicant shall file an application for a Quarry Excavation Permit.

(b)

Non-extractive Projects. For a non-extractive project/activity, such as a residential development, which is proposed in an area of significant sand and gravel deposits, as determined by the State Mining and Geology Board, the State Department of Conservation or by the County, but which is not associated with the extraction of this resource, the applicant shall file for a Zoning Compliance Review, as specified in Chapter 9-803, unless a discretionary permit is required.

(c)

Prohibitions. The following projects shall not be permitted.

(1)

Non-extractive projects that require significant capital investment in facilities and structures; and

(2)

Extractive projects that would have irreversible, deleterious environmental effects that cannot be mitigated.

In areas designated as Open Space/Resource Conservation on the General Plan Land Use Map, all proposed development and modified or expanded land uses require an Administrative Use Permit, except:

(a)

When another discretionary approval is specified by the Title.

(b)

At the discretion of the Zoning Administrator, a Zoning Compliance Review may be used when:

(1)

The expansion is for less than 25 percent of the existing floor area; or

(2)

New accessory uses or structures comply with the requirements in Section 9-203.020, Land Use Regulations.

All uses, including, but not limited to flooding inconsistent with generally accepted agricultural practices or which presents or could present a threat to the physical integrity of Delta levees, on land located within the Primary Zone of the Sacramento-San Joaquin Delta are prohibited, except:

(a)

Allowed uses as identified in Tables 9-203.020-1, 9-203.020-2 and 9-203.020-3;

(b)

The Delta Wetlands Project as defined in the 2011 Delta Wetlands Project Place of Use Environmental Impact Report and reflected in the protest dismissal and settlement agreement reached in the matter of Central Delta Water Agency et al. v. Semitropic Water Storage District. et al., San Francisco County Superior Court Case No. CPF-II-51175; and

(c)

Easements obtained under the San Joaquin Multispecies Habitat Conservation Plan, but not greater than 80 acres by a single entity.