The Aggregate Mineral Overlay Zone (AMO) is for the management of lands best suited for mineral or aggregate extraction and management from the encroachment by incompatible uses.

(Prior code § 10-2.3801)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a)

"Accessory use" means a subordinate use indirectly related to the primary use permitted on the land.

(b)

"Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical, or other techniques, including but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

(c)

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

(d)

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

(e)

"Mining waste": Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from or displaced by, surface mining operations.

(f)

"Minor public services": as described by Use Group 1 of the Tracy Municipal Code.

(g)

"Operator": Any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf.

(h)

"Overburden": Soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.

(i)

"Permit": Any formal authorization from, or approved by, the City, the absence of which would preclude surface mining operations.

(j)

"Person": Any individual, firm, association, corporation, organization, or partnership, or any city, county, district or the state or any department or agency thereof.

(k)

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

(l)

"State Board": State Mining and Geology Board, in the Department of Conservation, State of California.

(m)

"State Geologist": Individual holding office as structured in section 677 of article 3, chapter 2 of division 1 of the Public Resources Code.

(n)

"Surface mining operations": All or any part of the process involved in the mining of minerals on mined lands by removing over burden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

(1)

In place distillation, retorting or leaching;

(2)

The production and disposal of mining waste;

(3)

Prospecting and exploratory activities;

(4)

Rock crushing plants, aggregate washing, screening and drying facilities and equipment, and (concrete batching plants).

(Prior code § 10-2.3802)

(a)

The following uses are permitted within the Aggregate Mineral Overlay Zone.

(1)

Use Group 5 - Mining and quarrying, excavation, benefaction, concentrating, processing and stockpiling of rock, sand, gravel, decomposed granite, clay, gypsum, limestone, metallic ores, and similar materials, and the rehabilitation of the resulting excavation when adjacent to a M-1, M-2 or Agricultural Zone; subject to requirements of the Tracy Municipal Code;

(2)

Use Group 10 - Crop and tree farming;

(3)

Use Group 11 - Specialty crops;

(4)

Rock crushing plants, aggregate washing, screening and drying facilities and equipment, and (concrete batching plants) subject to requirements of the Tracy Municipal Code;

(5)

Exploration activities limited to bore and core method making a hole no larger than seven (7) inches in diameter. Exploration activities at or below the water table shall be in compliance with section 10.08.4870 of this article.

(6)

Accessory uses, provided such uses are established on the same contiguous parcels of land, and are incidental to, and do not substantially alter the character of any permitted use, including, but not limited to:

(i)

Storage of trucks and excavating vehicles used in the conduct of mining operations on the same site;

(ii)

Storage of materials and machinery used in the operation of surface mining activities used in the conduct of mining operations on the same site,

(iii)

Scales and weighing equipment used in the conduct of mining operations on the site,

(iv)

Offices and maintenance shop structures for the operator used in the conduct of mining operations on the same site.

(b)

The following shall require a conditional use permit in the Aggregate Mineral Overlay Zone (AMO).

(1)

Use Groups 1 - Minor Public Services;

(2)

Use Group 4 - Non-Agricultural temporary buildings and uses;

(3)

Use Group 5 - Mining and quarrying, excavation, benefaction, concentrating, processing and stockpiling of rock, sand, gravel, decomposed granite, clay, gypsum, limestone, metallic ores, and similar materials, and the rehabilitation of the resulting excavation when adjacent to a non M-1, non M-2 or non-Agricultural Zone; subject to requirements of the Tracy Municipal Code;

(4)

Accessory uses under the same ownership of the primary use provided such uses are established on the same contiguous parcels of land, are incidental to, and do not substantially alter the character of any permitted use, including, but not limited to:

(i)

Retail and wholesale distribution of materials produced on the site;

(5)

Exploration activities requiring a disturbance in the earth that is greater than seven (7) inches in diameter. Exploration activities at or below the water table shall be in compliance with section 10.08.4870 of this article.

Said exploration permits shall be issued as required by section 10.08.4820, Surface Mining and Reclamation Permits, Exploration;

(6)

Except for uses listed in subsection (a) above, any use permitted or conditionally permitted in the underlying zones shall be conditional in the AMO Zone;

(7)

Asphalt manufacturer and refining.

(Prior code § 10-2.3803)

(a)

Lot area. Not less than five (5) acres gross.

(b)

Lot width. Not less than 200 feet.

(c)

Yards. Front, rear, and side, not less than fifty (50') feet for any use allowed except excavation and reclamation in accordance with an approved reclamation and buffering plan or conditional use permit, where required; however, that any structure exceeding fifty (50') feet in height shall have front, side, and rear yard spaces equal to the height of said structure.

(d)

Structure height. None, except within the Airport Overlay Zone of this code, then the height shall be in accordance with the Airport Overlay Zone.

(e)

Off-street parking. Off-street parking shall be provided and imposed as required in chapter 10.08, article 26.

In addition to the off-street parking requirements sited above, separate parking for all company vehicles and those vehicles left overnight typically moved on and off-site on regular bases shall be provided on site and screened from public rights-of-way. Said off-street parking shall be subject to the landscaping and fencing requirements of this section.

(f)

Buffers. Where lands with a surface mining operation abuts a zone other than M-1, M-2 or Agricultural Zone, a conditional use permit shall be required to ensure provisions of adequate buffers. Where zones other than M-1, M-2 or A Zones abuts lands with a surface mining operation, said use should be buffered by one or more of the following as needed, as buffers or abutting mitigation measures.

(1)

Sound walls;

(2)

Larger setbacks;

(3)

Screening;

(4)

Public roads;

(5)

Height limitations;

(6)

Noise insulation.

Improvements to reduce interference between uses shall be provided by the new use, rather than the existing use, where new uses within zones other than M-1, M-2, or A uses abuts lands with existing surface mining operations, a condition of the use permit for the new use shall be public recordation of a notice and/or easement of the existing surface mining use.

(g)

When there is a conflict between the AMO Zone and the Underlying Zone, except for as provided in section 10.08.4880(d) of this article, the standards of the AMO Zone shall prevail.

(h)

Noise suppression. All equipment and premises employed in conjunction with any of the uses allowed in the AMO Zone shall be constructed, operated and maintained so as to suppress noise at or below sixty-five (65) ldn decibels at the property boundary of the lands on which surface mining/quarrying operations occur.

(i)

Roads and driveways. All roads and driveways shall be kept wetted with water while being used or shall be treated with asphaltic concrete or concrete or other materials acceptable to the Public Works Director to prevent the emission of dust.

(j)

Access roads. All private access roads leading off any paved public street onto property used for any purpose permitted within section 10.08.4860 of this article shall be paved for not less than the first 100 feet of said access road and its intersection with any public right-of-way road to a minimum width of twenty-four (24') feet with asphaltic concrete or equal, not less than three (3') inches in thickness with adequate compacted base material.

(k)

Air and water pollution. All surface mining and reclamation applications shall be submitted to the San Joaquin County Air Pollution Control District and Region Water Quality Control Board to comment on environmental quality issues under their jurisdiction and propose possible methods of mitigation as appropriate. This response shall be transmitted in writing to the City prior to the issuance of a permit. Recommended mitigations of the above agencies may be adopted as conditions of approval with the issuance of the Mining Permit and Reclamation Plan.

(l)

Slopes of excavations. No surface mining operation from an open pit quarry shall be permitted which creates a final average slope steeper than two (2') feet horizontal to one foot vertical; provided, however, that a steeper slope may be permitted where the soil content or material is such that greater slope construction excavation is safe in the opinion of a state-licensed engineer or state-licensed geologist, who shall submit a report to that effect to the Division of Industrial Safety, Department of Industrial Relations of the State of California and the City Engineer for approval of both agencies. A copy of the engineer's or geologist's report shall also be submitted to the Department of Conservation.

(m)

Landscaping and fencing. The outer boundaries of the lands being excavated shall be enclosed with a six (6') foot high solid board on board fence, or masonry wall, or landscaped berm, including all necessary gates, except where such fence, or berm would be impractical as in the bed of or flood channel of a wash or water course, or when abutting an Agriculture or M-2 Zone or when abutting an M-1 Zone; provided, that the Planning Commission finds, in its review of the reclamation plan or conditional use permit where required, that a solid fence, wall or berm is unnecessary to screen views from an existing M-1 use of adjoining property. All outer boundaries of said land shall be screened as described above when abutting a public right-of-way or non M-2 or non-Agricultural Zone.

(n)

Hours of operation. All uses shall confine operations, including maintenance, on the property to the hours between 6:00 a.m. and 10:00 a.m. of any day.

In the event of local, State or Federally declared emergency affecting the operation of surface mining operations the hours of operations may be waived upon written request by the operator for that period of said emergency by the Community Development Director.

Upon written request by the operator, the Community Development Director may extend the hours of operations if sufficient cause is found as presented by the operator in said request.

(o)

Insurance. Before commencing surface mining operation in a quarry, the owner or operator shall show continuing evidence of insurance against liability in tort in the amount of Five Million and no/100ths ($5,000,000.00) Dollars arising from the surface mining operations, incident thereto, conducted or carried on under or by virtue of any law or ordinance. Such insurance shall be kept in full force and effect during the period of such operations.

(p)

Ponding. Where practical, as determined by the Public Works Director, all excavation operations shall be conducted in such a manner as to prevent ponding or accumulation of storm or drainage water or drainage from below ground water sources.

(q)

Reclamation. All property partially or totally depleted of its mineral resources as a result of a use permitted by this Article shall be rehabilitated in accordance with a mining reclamation plan which has been approved pursuant to the provisions of City of Tracy Surface Mining Permit/Reclamation Ordinance.

(r)

Water table. No surface mining operations, inclusive of exploration activities, shall be permitted below the water table without written approval of the Regional Water Quality Control Board.

(s)

Dust control. Particles of dust entering the air resulting from surface mining operations and/or related activities shall be mitigated to an insignificant level so as not to cause undo hardship or economic loss of value or nuisance or cause health and safety problems on neighboring, nearby nonsurfacing mining operation uses. Mitigations for dust control may consist of, but not limited to, wetting with water uncovered earth where surface mining operations occur, planting of grass, and wind breaks.

(t)

Vibrations. Earth shaking or other vibrations caused by surface mining operations and/or their related activities, lasting longer than a period of thirty (30) consecutive seconds shall be contained to within the boundaries of the lands on which said activities occur.

Earth shaking or vibrations caused by surface mining operations lasting longer than a period of thirty (30) consecutive seconds shall be mitigated to an imperceptible level on lands outside the boundaries of the lands on which surface mining operations occur.

Vibration mitigation measures shall be reviewed by an independent consultant chosen by the City and paid for by the applicant. Said mitigation measures shall be approved by the City.

(u)

State reclamation standards. The applicant shall comply with the reclamation standards on the State Mining and Geology Board as set forth in California Code of Regulations sections 3500 and following and 3700 and following.

(Ord. 1019 § 2, 2000; Ord. 1018 § 3, 2000; prior code § 10-2.3804)

The following findings must be made for any conditional use permits issued in the Aggregate Mineral Overlay Zone.

(a)

That the establishment of the use will be in accordance with the purposes of the zone in which such use is proposed;

(b)

That the use will be compatible with other uses permitted in the zone;

(c)

That the use will not be detrimental to the public health, safety, or welfare;

(d)

The allowance of the use is consistent with Government Code section 3676, Mineral Resource Management Policies and Surface Mining and Reclamation Act of 1975;

(e)

Mitigation measures for dust caused by surface mining operations and/or their related activities are satisfactory to the City and will maintain the level of dust particles traveling in the air to neighboring, nearby nonsurface mining operations at an insignificant level so as not to be detrimental to the health, safety or public welfare of said neighboring use, nor injurious to the economic value of the said nonsurface mining operations neighboring nearby use.

(f)

A noise/vibration study approved by the Community Development Director shows that the proposed activities satisfy the performance standard for "vibration" as described in section 10.08.4870(t) of this article and that approved operation of a surface mining operation will not be detrimental to the health, safety or public welfare, or cause loss of economic value due to earth shaking or vibration of nearby neighboring nonsurface mining operations.

(g)

Upon findings by the Planning Commission, additional standards beyond those listed above in section 10.08.4870 of this article may be required due to unique circumstances related to that surface mining operation in order that an approved surface mining operation may be properly buffered from neighboring nearby nonsurface mining operations.

Said findings may be appealed by the applicant as permitted by the Tracy Municipal Code.

(Prior code § 10-2.3805)