(A) The County encourages the development of surface mining operations in compatible areas before encroachment into areas with conflicting land uses. Areas that have been classified by the state's Department of Conservation's Division of Mines and Geology or designated by the state's Mining and Geology Board, as containing mineral resources, as well as existing surface mining operations remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the County General Plan.
(B) In accordance with PRC § 2762, the County will update the County General Plan and resource maps to reflect mineral information (classification and/or designation reports) within 12 months of receipt of such information from the state's Mining and Geology Board. Land use decisions within the County shall be guided by information provided on the location of identified mineral resources of regional significance. The County shall consider and encourage conservation and potential development of identified mineral resource areas.
(C) The County shall apply "MR" zoning to selected mineral resource areas determined by the Board of Supervisors to require a special level of protection as an additional method of avoiding land use conflicts between mineral extraction and other incompatible uses with the following criteria:
(1) Lands classified and designated as MRZ-2 or SZ by the California Geological Survey and by the State Mining and Geology Board qualify for the "MR" zoning designation and/or;
(2) Evidence of the location, extent, depth, and quality of mineral resources shall be submitted as part of the MR overlay zoning application. The material shall be reviewed by a geologist selected by the County for accuracy. The County shall deny MR overlay zoning requests that do not provide evidence of significant mineral resources on site.
(D) The County shall require a notice explaining the location of important mineral resources to be recorded on any parcel within one-half mile of an MRZ 2 or SZ designation. The County shall require, as a condition of approval for any development project within an area classified or designated as containing mineral resources, that the applicant record on the property title a notice identifying important mineral resources. Prior to approving a use that would otherwise be incompatible with mineral resource protection, the County may impose conditions of approval on encroaching development projects to minimize potential conflicts.
(E) Prior to permitting a use which would threaten the potential to extract minerals in the area, the County shall prepare a statement specifying its reasons for permitting the proposed use, in accordance with PRC § 2762.
(F) The use of voluntary conservation easements is allowed to protect significant resources on mineral lands and contiguous properties.
(Ord. 1057, § 3 (part), 2023)