Chapter 8.412 — TOPSOIL SITE REGULATIONS

For the purpose of this chapter, certain words and phrases are defined as follows, and certain provisions shall be construed as herein set forth unless it shall be apparent from their context that they have a different meaning:

• (a) “Topsoil Site” -Premises from which any topsoil is removed or excavated for the purpose of disposition away from the immediate premises whether such disposition is immediate or in the future; provided, however, that not to exceed twenty-five (25) cubic yards of topsoil may be removed from any one building site after a permit has been secured from the County Building Inspector for the construction of a permanent structure on the same site without said operation being construed to be a topsoil site and coming within the provisions of this chapter.

• (b) “Topsoil” - The immediate surface area of land, consisting either of topsoil or sub-soil.

It shall be unlawful for any person to operate or maintain or cause to be operated or maintained, any topsoil site in the County of San Mateo except in conformance with the provisions of this Chapter.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

Topsoil sites may be operated in any portion of the county subject to the securing of an annual permit as herein specified and subject to the regulations of this chapter requiring the posting of a corporate surety bond. The amount of said bond is to be determined by the Planning Commission.

Each application for any such permit shall be made to the Planning Commission in a form provided by the Planning Commission. Such application shall be accompanied by:

• (a) An accurate plot plan showing the exterior boundaries of the property on which the topsoil site is, or is proposed to be, located, the boundaries of the area proposed to be excavated, and the location of any existing or proposed structures, roads, or other improvements.

• (b) Contour map when required by the Planning Commission.

• (c) Statement of plan of operation including time limits, areas to be removed, final grading of site, and planting.

The Planning Commission, upon receipt of the application and upon the payment of the required fee, shall make such investigations as are necessary to determine whether or not the topsoil site or proposed topsoil site conforms or will conform fully to the regulations herein set forth and with the terms of other county ordinances pertaining to land use or operation of topsoil sites. The Planning Commission shall refer the application to such other agency or board for approval or recommendation as it deems necessary. At the conclusion of investigation and at such hearings, the Planning Commission shall make findings as to whether or not the topsoil site, or proposed topsoil site, is, will be, or may be likely to become a public nuisance, or will be dangerous or detrimental to the public peace, health, safety, or the general welfare. If, in the opinion of the Planning Commission, the operation of the existing or proposed topsoil site will not be detrimental or dangerous to the public peace, safety, or the general welfare, a twelve-month permit shall be issued as herein provided. The Planning Commission, in issuing any such permit, shall specify such conditions as are deemed necessary for the protection of persons and property in the neighborhood and to ensure that the operation of the topsoil site will not adversely affect the character of the neighborhood in which the topsoil site is located. The Planning Commission shall require such bonds and other guarantees as are necessary to ensure compliance with the regulations imposed under the terms o any permit. In case the Planning Commission denies any permit applied for under the terms of this chapter or imposes restrictions which the applicant deems to be arbitrary or unreasonable, the applicant may appeal such decision to the Board of Supervisors.

The fee for a permit to operate or maintain a topsoil site for the period of one (1) year from the date of such permit shall be fifty dollars ($50.00) payable in advance to the Planning Commission.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

The permit fee shall include the cost of two inspections. The Planning Commission may make two inspections per year for the purpose of determining whether the operation of the top soiI site is in full compliance with the regulations herein set forth and with any special conditions imposed under the terms of any permit. Such inspections shall include such surveying as may be necessary to determine boundaries of excavation, slopes of cut banks, and other such conditions.

Any permit granted hereunder shall be subject to revocation or suspension by the Planning Commission in the following manner: A notice shall be served on the person holding said permit specifying wherein they has failed to comply with this chapter or any other ordinance or with any terms or conditions specified in the permit for such topsoil site and requiring them to appear before the Planning Commission at a date and hour specified, net less than five (5) days after the serving of said notice on said permit holder, to show cause at said time and place why said permit should not be revoked or suspended; at such time and place the person holding said permit shall have the right to appear in person or by counsel and to introduce such evidence as they may desire, and the Planning Commission shall confront said permit holder with any charges that Laid Board of Supervisors, or Planning Commission, or both of them, may have against them; and after said hearing, the Planning Commission may, if in its opinion the permit holder has violated the terms of their permit, revoke or suspend said permit. Persons may appeal to the Board of Supervisors regarding the revocation of any such permit.

Topsoil sites may be operated and maintained in any district subject to the general requirements hereinafter contained and such other conditions as may be deemed necessary by the Planning Commission.

• (a) The depth of topsoil left on the site shall comply with the conditions of each permit.

• (b) Topsoil shall not be removed from slopes steeper than those specified in any permit.

• (c) The topsoil site shall be graded smooth and left in a neat condition. Cut slopes and spoil banks shall not be allowed to remain.

(d) As directed by the Planning Commission, the topsoil site shall be fertilized, mulched, and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion. Said cover shall be established within time limits specified in each permit.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

(e) All surface drainage existing or developing by or through the topsoil site shall be controlled by dikes, barriers, or drainage structures to prevent any silt, erosional debris, or other loose material from filling any existing drainage course or encroaching on state or county roads or private property. All provisions to control natural drainage or flood water shall meet with the approval of the County Engineer.

The finished excavation shall, in all cases, be graded in such a manner as to prevent the accumulation of storm waters or natural seepage.

• (a) The premises of the topsoil site shall be maintained at all times in a neat and orderly manner.

• (b) The operation of the topsoil site shall be conducted in such a manner as to obviate excessive dust and noise. The operator shall maintain haulage roads in a dust-free condition providing such surfacing or other treatment deemed necessary by the Planning Commission.

This chapter shall be known and cited as the “Topsoil Ordinance of the County of San Mateo.”

(Prior Code Section 7701.5; Ord 2067, August 25, 1970.)