No person shall maintain a pit, mine, surface mine, commercial extraction operation, or commence or perform any operations or activities within the scope of this chapter without first obtaining the appropriate permit(s) to do so as specified below:
A. 
Reserved.
B. 
Extraction Permit. No person shall maintain a pit, mine, surface mine, or commercial extraction operation, from which materials have been extracted since the enactment of this chapter or perform any extraction operations or activities without first obtaining an extraction permit.
An extraction permit may be issued by the Community Development Director for the maintenance of pits, mines, surface mines, or commercial extraction operations, from which no materials have been extracted since the enactment of this chapter, provided the pit, mine, surface mine or commercial extraction operation is found to comply with Section 9.150.205 or 9.150.210 and all other applicable requirements of this chapter have been met.
C. 
Grading Permit for Repair of SG Site. Except as provided in Section 9.150.175, repair work required in order to bring a pit, mine, surface mine, or commercial extraction operation, into compliance with the provisions of Section 9.150.205 shall be accomplished only after a grading permit for repair of SG site has been obtained and the work shall be performed in compliance with the terms of said permit.
The Community Development Director may waive the sections of this chapter related to permit procedure as he/she deems appropriate.
(Ord. 176 § 1, 2007)
An application for a permit pursuant to this chapter shall be signed by the owner or his/her legally authorized agent. The application shall be accompanied by a description of the site and such fees, plans, reports, financial assurances, and engineering data as outlined in Sections 9.150.030, 9.150.070 and 9.150.105 of this chapter.
(Ord. 176 § 1, 2007)
Reports and engineering data, prepared by a registered civil engineer or a registered engineering geologist which are pertinent to the pit, mine, surface mine, or commercial extraction operation shall accompany the application where the operator or applicant proposes to establish operational or mining setbacks less than or slopes steeper than those specified in Sections 9.150.205 and 9.150.210, or where required pursuant to Sections 9.150.205 and 9.150.210 due to close proximity to a watercourse or groundwater.
(Ord. 176 § 1, 2007)
A. 
Prior to approval of any plans or the issuance of a permit, the Community Development Director may inspect the site to determine that the plans, reports or other data are accurate and sufficient.
B. 
The Community Development Director shall inspect each site regulated by this chapter for the purpose of ascertaining whether the operations are being conducted and the site maintained in conformity with the minimum standards of this chapter and applicable permits.
C. 
Whenever the Community Development Director determines that the work does not comply with the terms of the permit, or the requirements of this chapter, or that the soil or other conditions are not as stated on the permit, he/she shall notify the operator of such fact in writing demanding compliance within 30 days from the date of such notice. If the operator has not, within the stated time, complied with the terms of the permit, or requirements of this chapter, or given reasonable assurances that steps are being taken to comply, the Community Development Director may order the cessation of all work or any portion thereof, and such work shall cease until the requirements of the permit and of this chapter have been met.
(Ord. 176 § 1, 2007)
A. 
Each extraction permit issued for an existing or proposed commercial extraction operation shall continue in effect only as long as none of the provisions of this chapter are violated.
B. 
The extraction permit shall expire on the first day of July unless the annual permit and inspection fees as set by resolution of the City Council for the subsequent fiscal year have been paid by that date. No operations other than such corrective work as may be designated by the Community Development Director shall be conducted after said date unless a new permit has been approved by the Community Development Director. In the case of existing pits, this corrective work shall include compliance with all the provisions of Section 9.150.205.
(Ord. 176 § 1, 2007)
Any extraction permit that has expired or been revoked may be renewed by making application to the Community Development Department, upon the following conditions:
A. 
Submission of an application, up-to-date plans, reports and other data specified by this chapter or required by the Community Development Director;
B. 
The site is in compliance with all applicable provisions of this Code;
C. 
Payment of the fees required by this chapter.
(Ord. 176 § 1, 2007)
The Community Development Director may revoke any permit in whole or in part, if after notification and demand as provided in Section 9.150.170 of this chapter, the pit, mine, surface mine, or commercial extraction operation, or work covered by the permit has been materially extended beyond the limits of the permit, or if any fences, walls, or other protective devices required by this chapter have not been constructed or maintained in good repair, or if other provisions of this Code have been violated by operator, owner or permittee.
(Ord. 176 § 1, 2007)
The issuance, granting, or renewal of a permit shall not be deemed or construed to be a permit for or an approval of any violation of the provisions of this Code or any other Code or law, rule, regulation, or ordinance; and no permit appearing or presuming to give authority to violate or cancel the provisions of this Code shall be valid except insofar as the work or use which is authorized by the issuance, granting, or renewal of the permit is lawful.
(Ord. 176 § 1, 2007)
Upon issuance of a permit, the plans submitted by the applicant shall be approved and so stamped by the Community Development Department. The pit, mine, surface mine, or commercial extraction operation, and all work pertinent thereto shall be maintained in conformity with the approved plans unless authorization to modify the pit, mine, surface mine, or commercial extraction operation is obtained from the Community Development Director and the plans and records are so changed and noted.
(Ord. 176 § 1, 2007)
Each pit, mine, surface mine, or commercial extraction operation not currently in use for commercial extraction operations shall be maintained in accordance with the following minimum standards:
A. 
Setbacks and Slopes.
1. 
The finished perimeter slope shall not be steeper than one and one-half (1½) feet horizontal to one foot vertical projecting into the pit from a 50 foot setback adjacent to the perimeter of the property.
2. 
In addition, where the Community Development Director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, he/she shall establish the setback and slope requirements based on the preservation of the integrity of existing flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation. Setback requirements imposed under this subsection may exceed the 50 foot requirement set forth hereinabove, in the discretion of the Community Development Director, but such setbacks may not be less than 50 feet, as set forth in subdivision 1 of this subsection. Slope requirements may be greater or less than that set forth in subdivision 1 of this subsection, in the discretion of the Community Development Director. The applicant may be required to furnish reports and engineering data, as set forth in Section 9.150.165, to justify the setback and slope requirement requested in such a case. The Community Development Director may require such reports in any case.
3. 
Where the Community Development Director determines that the pit, mine, mine surface, or commercial extraction operation extends below, or in the future may extend below, groundwater elevations, the slopes shall not be steeper than the safe values as determined by the Community Development Director, based on the reports described in Section 9.150.165, which reports may be required by the Community Development Director in such a case.
These requirements may be modified by the Community Development Director in cases where safety conditions and engineering and geological data submitted to the Community Development Director for approval indicate that a less restrictive setback or slope may be permitted.
B. 
Diversions. No pit shall be maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations, or area, in the opinion of the Community Development Director, is likely to produce a diversion of the natural watercourse away from the pit, mine, mine surface, or commercial extraction operation, and outside the natural watercourse in the event that flow from the watercourse enters the excavation.
C. 
Drainage. Adequate provisions for conveyance of water across and from the site and for long-term retention of water shall be accomplished so as to minimize potential dangers from landslide and erosion.
D. 
Fencing. Other than in cases where data is submitted to the Community Development Director for approval and which data indicate to the Community Development Director that no safety hazards exist, a fence shall be constructed enclosing the area of each existing pit. Said fence shall be of a steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of said fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches.
Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. Said fence, gates, and locks shall be maintained in good condition and repair.
E. 
Protective Devices, Correction, and Repair. Whenever the Community Development Director determines that maintenance of protective devices or structures, or the correction of potentially unsafe conditions may be necessary for the protection of adjacent properties or the general public, he/she shall notify in writing the owner or other responsible person, who shall take such corrective action as necessary and shall post a surety bond or other financial security in an amount sufficient to insure the continued maintenance of the protective devices for such potentially unsafe conditions. A grading permit will be required for any repair work.
(Ord. 176 § 1, 2007)
The mining, quarrying, and commercial extraction of sand, gravel, rock, aggregate, clay or similar products shall be performed in accordance with the following minimum standards:
A. 
Setbacks.
1. 
No excavation activities shall be carried on within 50 feet of:
a. 
The common property line of any parcel of land not used for the same purpose;
b. 
The ultimate right-of-way of any public street, either existing or whose precise alignment has been adopted.
2. 
In addition where the Community Development Director determines there is a possibility of potentially hazardous seepage or flow into a pit, mine, mine surface, or commercial extraction operation from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, he/she shall establish the setback requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation, or flood retarding basin, or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation.
3. 
Setback requirements imposed under this section may exceed the 50 foot requirement set forth hereinabove, in the discretion of the Community Development Director, but such setbacks may not be less than 50 feet, as set forth in Section 9.150.205. The applicant may be required to furnish reports and engineering data, as set forth in Section 9.150.165, to justify the setback requirement requested in such a case. The Community Development Director may require such reports in any case.
B. 
Slopes.
1. 
Where the Community Development Director determines there is a potentially hazardous seepage into a pit from a flood channel, reservoir, conservation or flood retarding basin, or natural watercourse; or where the Community Development Director determines that the pit, mine, mine surface, or commercial extraction operation extends below or in the future may extend below groundwater elevations; the finished perimeter slope shall not be steeper than two and one-half (2½) feet horizontal to one foot vertical, except as provided in subdivision 3 of this subsection.
2. 
The finished perimeter slope shall not be steeper than one and one-half (1½) feet horizontal to one foot vertical projecting into the pit, mine, mine surface, or commercial extraction operation from the required setback line adjacent to the perimeter of the property.
3. 
Subdivisions 1 and 2 of this subsection notwithstanding, the slope requirement may be modified by the Community Development Director in cases where the Community Development Director determines that the proposed excavation operations present a potential hazard to adjacent property or where other safety conditions and engineering or geological data, as described in Section 9.150.165, submitted to the Community Development Director for approval, or as may be required by him/her, indicate that less restrictive slopes may be permitted or more restricted slopes may be required.
C. 
Diversions. No excavation shall be made or pit, mine, surface mine, or commercial extraction operation maintained in or adjacent to the floodplain of any water course which by reason of the excavation's shape, location, berm elevations, or area, in the opinion of the Community Development Director is likely to produce a diversion of a natural watercourse away from the pit, mine, surface mine, or commercial operation, and outside the natural watercourse in the event that flow from the watercourse enters the excavation.
D. 
Drainage. Adequate provisions for conveyance of water across and from the site and for long-term retention of water shall be accomplished in a manner meeting the approval of the Community Development Director so as to minimize potential dangers from landslide and erosion.
E. 
Fencing. Prior to the commencement or continuation of any excavation or extraction operations or the construction or use of any settling basin, a fence shall be constructed enclosing the area of said proposed or existing excavation or settling basin, or the entire site, other than in cases where data are submitted to the Community Development Director for approval and which data indicate to the Community Development Director that no substantial safety hazards exist. Said fence shall be of a steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of said fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches. Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. Said fence, gates and locks shall be maintained in good condition and repair.
F. 
Boundary Markers. The site shall be surveyed by a registered civil engineer or licensed surveyor and shall be defined by a series of poles, (two and one-half (2 ½) inch pipe) six feet in height measured from the ground level and painted a bright color which shall be installed and maintained at each change of direction and along the entire length of the subject site in such a manner that an individual standing at one such pole can clearly see the next pole in either direction. For good cause shown, the Community Development Director may waive or modify this requirement for any extraction operations that are proposed to result in finished elevations that are not below the average natural ground elevations at the perimeter of the site, or for any extraction operations proposed to be located more than 1,000 feet from any property line.
G. 
Posting of Signs. Within 90 days after a permit has been issued pursuant to the provisions of this chapter, the outer boundaries of the site shall be continuously posted with signs not less than 500 feet apart and at each change of direction of said boundary line in such a manner as will reasonably give notice to passersby of matters contained in such notice, stating in letters not less than four inches in height: "PUBLIC NOTICE" and stating in letters not less than one inch in height: "THIS PROPERTY MAY BE USED FOR THE MINING, QUARRYING, OR COMMERCIAL EXTRACTION OF SAND, GRAVEL, ROCK, AGGREGATE, CLAY, AND SIMILAR MATERIALS SUBJECT TO PERMITS WHICH HAVE BEEN ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT, CITY OF LAKE FOREST." Said signs shall be of wood or metal and shall be maintained in legible condition at all times. Signs posted in compliance with the SG district regulations of the Orange County Zoning Code as the same was incorporated by reference into this Code by City Ordinances Nos. 1 and 15 shall be considered as satisfying this section. The Community Development Director may waive this requirement for good cause shown.
H. 
Ingress, Egress and Traffic Safety. Roads providing vehicular access to public highways which are used for transporting materials shall be located only at points designated on plans as approved by the City Engineer. Adequate sight distance shall be maintained for traffic safety and a distance of not less than 80 feet from the intersection of the drive or access road with the right-of-way line of the public highway shall be paved for a width of not less than 12 feet.
In addition, that portion of the access road lying between the right-of-way line and the existing pavement of the public highway shall be constructed in accordance with the terms of an encroachment permit issued by the City Engineer, or in the case of State highways, issued by the State Division of Highways.
(Ord. 176 § 1, 2007)
A. 
The permittee, operator, property owner, and their authorized agents, and any other person in control of the property, individually and collectively, are responsible for the observation and compliance with all the provisions of this chapter. Such responsibility shall include the correction of any unsafe condition and the construction and continued maintenance of all fences and other protective devices required by this Code or as deemed necessary by the Community Development Director to protect the general public or adjacent properties.
B. 
In case the owner or other responsible person shall fail, neglect, or refuse to perform the required corrections, maintenance, or repairs within the time specified in Section 9.150.170 after being notified in writing to do so by the Community Development Director, the Community Development Director shall cause the required corrections, repairs, or maintenance to be done, and the cost thereof shall be a charge and expense against the owner, operator, and the land until satisfied.
(Ord. 176 § 1, 2007)
It shall be the duty of the Community Development Director to enforce the provisions of this chapter. If at any time the Community Development Director finds any owner, permittee, or operator is violating any of the provisions of this chapter, he/she may order compliance in the manner provided in Section 9.150.170. If compliance does not proceed, the director may, at the end of 30 days, or in the absence of reasonable assurance given as provided in Section 9.150.170, order immediate cessation of operations.
However, if in the opinion of the Community Development Director, an immediate and substantial hazard exists to adjacent property or the general public, the Director may order immediate cessation of that portion of the operation which may contribute to such a hazard within the 30 day period provided in Section 9.150.170, and which cessation shall continue until correction of the hazardous condition.
(Ord. 176 § 1, 2007)
It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.200 et seq., of this Code for any person to violate any provision of this chapter.
(Ord. 176 § 1, 2007)
Any person aggrieved by an act or determination of the Community Development Director or Planning Commission may appeal the same in accordance with Section 2.04.100 et seq., of this Code.
(Ord. 176 § 1, 2007)