Chapter 82.17 — MINERAL RESOURCES (MR) OVERLAY

§ 82.17.010 Purpose. ¶

The Mineral Resources (MR) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created with the following intent and objectives.

(a) Intent.
(1) The extraction of mineral resources is essential to the economic well being of the County and the needs of the society.

(2) Certain privately owned land areas of the County contain significant amounts of mineral resources. Mineral Resources Overlays are created to protect these resources for present and future extractions. Since mineral extraction must take place on the physical site where the minerals naturally occur, special controls are needed to minimize conflicts with other land uses. The Mineral Resources Overlay functions as a “holding district” since the land will be redesignated and reclaimed for other land uses when mining operations cease. Also, the district will insure that land disturbances are minimized through regulations and through the prohibition of any other land uses in these districts that are incompatible with mining.

(3) Once the mining activity ceases, the mined lands shall be reclaimed for new uses in order to prevent or

minimize adverse effects on the environment and to protect the public health, safety and welfare.

(b) Objectives. The MR Overlay shall have the following objectives:
(1) Prevent or minimize all adverse environmental effects.
(2) Reclaim mined lands to a usable condition that is readily adaptable for alternative land uses.
(3) Encourage the production and conservation of minerals while preserving areas relating to environmental and recreational amenities if such amenities are located within the mining locale.
(4) Eliminate residual hazards to the public health and safety.
(Ord. 4011, passed - -2007)

§ 82.17.020 Location Requirements. ¶

The MR Overlay shall be applied on the following areas:

(a) Areas with existing major surface mining activities;
(b) Areas where mining activity is expected to take place in the future; and
(c) Areas adjacent to current or proposed mining activity to prohibit the intrusion of incompatible uses.
(Ord. 4011, passed - -2007)

§ 82.17.030 Application Requirements. ¶

A Mining/Reclamation Plan describing the phasing of reclamation, in relation to the phases of the mining operation, shall be submitted for land areas which are to be included within a MR Overlay, subject to the requirements of this Development Code regarding surface mining and land reclamation and the California Surface Mining and Reclamation Act (SMARA).

(Ord. 4011, passed - -2007)

§ 82.17.040 Development Standards. ¶

(a) MR Overlays shall be free from any land use that is incompatible with mining activity.

(b) When mining activity ceases, the landowner and/or mining company shall be responsible for the reclamation of the site.

(d) Incompatible land uses shall be suitably buffered from mining activity. Appropriate transition measures shall be taken in order to insure compatibility between mining activity and surrounding land uses.

(e) Non-mining projects located within the MR Overlay may be approved only if the following finding is made in the affirmative: Even though the project may otherwise be determined to be incompatible with mineral resource protection policies, conditions of approval shall be applied to minimize potential conflicts with these policies.

(Ord. 4011, passed - -2007)