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Yolo County Overview
Yolo County, CA Code of Ordinances
YOLO COUNTY, CA CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION
Title 3 FINANCE
Title 4 PUBLIC SAFETY
Title 5 PUBLIC WELFARE, MORALS, AND CONDUCT
Title 6 SANITATION AND HEALTH
Title 7 BUILDING REGULATIONS
Title 8 LAND DEVELOPMENT AND ZONING
Title 9 PARKS AND RECREATION
Title 10 ENVIRONMENT
Chapter 1 ENVIRONMENTAL IMPACT ASSESSMENTS*
Chapter 2 ELM TREES
Chapter 3 CACHE CREEK AREA PLAN IN-CHANNEL ORDINANCE*
Chapter 4 OFF-CHANNEL SURFACE MINING
Article 1. Title, Authority and Purpose
Article 2. Definitions
Article 3. Scope and Exemptions
Article 4. Off-Channel Mining Standards
Article 5. Surface Mining Permit Approval Process
Article 6. Amendments and Modifications to Approved Surface Mining Permits
Article 7. Annual Reports
Article 8. Fees
Article 9. Confidentiality of Records
Article 10. Appeals
Article 11. Inspections: Notices of Violations
Chapter 5 SURFACE MINING RECLAMATION*
Chapter 6 AGRICULTURE
Chapter 7 GROUNDWATER
CHAPTER 8 AGRICULTURAL SURFACE MINING AND RECLAMATION ORDINANCE
CHAPTER 9 STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Chapter 10 HABITAT MITIGATION ORDINANCE
Chapter 11 GRAVEL MINING FEE ORDINANCE
Chapter 12 OFF-HIGHWAY VEHICLE USE AND OPERATION
Chapter 13 YOLO HCP/NCCP
Chapter 14 INDUSTRIAL HEMP CULTIVATION, MANUFACTURING, PROCESSING, AND STORAGE
Title 11 CABLE COMMUNICATIONS
Title 12 BUSINESS LICENSES
Parallel Reference Table
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Sec. 10-4.401.   Scope.
   The general standard for the operation of surface mines is to ensure that the public health and safety and environment are protected. This article sets forth minimum acceptable off-channel mining standards to implement this general standard. These minimum acceptable standards shall be considered and discussed in every surface mining permit approved pursuant to this chapter. In addition, the minimum practices and standards set forth in the Act shall also be considered and discussed in every surface mining permit approved pursuant to this chapter. These standards shall be followed in addition to any other conditions of approval or regulations imposed on the surface mining permit.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.402.   Access roads.
   The first one hundred (100) feet of access road intersecting a County-maintained road shall be surfaced in a manner approved by the Public Works Department, with an approach constructed to County standards. Traffic control and warning signs shall be installed as required by the Public Works Department.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.403.   Accident reporting.
   The operator shall immediately notify the Director of any events such as fires, explosions, spills, land or slope failures, or other conditions at the site which could pose a hazard to life or property. Action shall be immediately undertaken to alleviate the hazard. The operator shall provide a written report of any such event, within thirty (30) days, which shall include, but not be limited to, a description of the facts of the event, the corrective measures used, and the steps taken to prevent a recurrence of the incident. Failure to provide this report shall initiate violation proceedings pursuant to Article 11. This condition does not supersede nor replace any requirement of any other governmental entity for reporting incidents.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.404.   Aesthetics.
   The visibility of mining operations, facilities, and landform alterations from public areas, viewpoints, and nearby residences shall be minimized, based on an assessment of site-specific visual characteristics and viewing conditions. The use of berms, vegetative screens, seeding, special plant materials and contouring the sides and top surfaces of modified landforms, or other measures, shall be incorporated into the individual mine and reclamation plans as appropriate.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.405.   Annual production limits.
   Each surface mine shall operate within the limits of the annual production level established in the use permit. Annual aggregate production may not exceed the established annual level, except to meet temporary market demand. Individual producers may exceed their maximum annual allocation by up to twenty (20%) percent in any one calendar year, so long as their running ten (10) year average does not exceed the maximum level. Aggregate sold in excess of the established annual level shall be subject to a ten (10¢) cents/ton surcharge. Monies generated by the surcharge shall be divided evenly between the CCIP fund and the Maintenance and Remediation Fund. The maximum cumulative amount of aggregate sold annually shall not exceed 5.97 million tons, plus the twenty (20%) percent market demand exception allowed by permits issued under the OCMP. Waste concrete and asphalt that is processed as recycled materials for use in construction shall not be counted as part of an operation's maximum annual production.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.406.   Benches.
   During mining operations, a series of benches may be excavated in a slope provided that the excavations are made in compliance with the requirements of the State Mine Safety Orders (California Code of Regulations, Title 8, Subchapter 17). The vertical height and slope of the benches constructed for permanent reclaimed slopes shall not exceed maximum standards for the specific soil types presented in the California Code of Regulations, Title 8, Article 6. In general, vertical cutslopes between benches shall not exceed four (4') feet in height in topsoil and overburden sediments. Benching shall be allowed in cohesive soil (clay, sandy or silty clay, clayey silt) only. Slopes above the elevation of groundwater (determined at the time of the excavation by the level of exposed water in the excavation) that exceed the maximum vertical height shall be excavated and maintained at slopes not steeper than 2:1 (horizontal:vertical). Slopes located five (5') feet or less below the average summer low ground-water level shall not be steeper than 2:1 (horizontal:vertical). Slopes located more than five (5') feet below the average summer low groundwater level shall not be steeper than 1: 1 (horizontal to vertical).
   Vertical cutslopes in excess of four (4') feet in height may be approved for the development of special habitat (e.g., bank swallows) if a site-specific slope stability analysis, performed by a licensed engineer, indicates that the slope does not exceed critical height for the on-site soil conditions. Projects proposing such slopes shall submit a long-term maintenance plan to ensure that the function of the slopes as habitat is met.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.407.   Conveyor systems.
   Wherever practical and economically feasible, portable or movable conveyor systems shall be used to transport raw materials and overburden.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.408.   County road improvements.
   It is the intent of this program that each operator shall pay for any road improvements determined to be necessary to support their operation consistent with County and CCAP standards, and for ongoing operations and maintenance. Each operator shall pay its fair share toward improvements required to maintain a structural capacity (traffic index) sufficient for the project traffic and to maintain operations on County roads and on State Highways within the OCMP planning area consistent with applicable General Plan policies related to LOS and applicable State policy related to VMT. Fair share mitigation shall also be required to improve existing operational as well as structural deficiencies of the transportation system. Specific locations shall be identified through the project-specific environmental review process for each operator's long-term mining permit application. Each operator shall participate in a funding program operated by the County which is designed to ensure that all improvements are made in a timely manner and that a reimbursement mechanism is in place to ensure repayment of any costs contributed in excess of fair share amounts. The program shall be initiated upon the approval of the long-term mining permits and shall be updated biennially by the County to ensure any new or modified impacts or funding sources are being addressed.
   Each operator shall have the option to complete the work at their expense without triggering the competitive bid process, as long as they comply with the applicable legal requirements of the County. If the operator declines the option, the County shall utilize the competitive bid process.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
Sec. 10-4.409.   County road maintenance.
   The operator shall agree to assume joint pavement maintenance responsibility with the County (or shared with another producer using the same roadway) for all County roads along a designated haul route from the access point of the surface mining operation to an appropriate State Highway. The County will provide maintenance of the county-maintained roadside drainage ditches, traffic signs, and striping. By May 15 of each year, the operator shall submit to the County an annual evaluation report documenting the structural integrity of the pavement structural section and the PCI of the roads maintained by the operator. The annual report shall be signed and sealed by a civil engineer licensed in the State of California. The report shall contain a proposed action plan for pavement maintenance and pavement improvements to maintain safe and efficient traffic operation on the roads, and a PCI of 70 or more, unless otherwise agreed by the County, as defined by American Society for Testing and Materials (ASTM) Method D6433 (Standard Practice for Roads and Parking Lots Pavement Condition Index Survey), for each upcoming year. Within 30 days, the County will review the report and recommend revisions if necessary. Following acceptance of the report by the County, the operator shall secure a County encroachment permit specific to the action plan (at no cost to the operator) and complete the proposed pavement maintenance and improvement activities prior to the submittal of the annual report. Striping may be provided by the County if County striping equipment and material are available. Otherwise striping will be provided by the operator. Once the work is completed, the operator will resubmit the annual evaluation report by November 1st each year, and include the scope and dates that work was completed.
   If minor emergency asphalt repairs (work requiring a single County Public Works maintenance pick-up truck with asphalt patching material) are identified within the maintenance areas of the hauling routes after the applicant’s yearly maintenance has been completed, county crews will perform the minor asphalt repair maintenance once in a sixty (60) consecutive day period. The types of asphalt pavement failures requiring repairs include, but are not limited to, cracking, pot holes, depressions, rutting, shoving, upheaval, and raveling and any other pavement damage or failures requiring immediate repair by the County.
   If major emergency roadway repairs associated with the permitted activities (work requiring more than a single County Public Works maintenance pick-up truck with asphalt patching material, or minor asphalt repairs occurring in less than the sixty (60) consecutive day period) are identified after the applicant’s yearly maintenance has been completed, the applicant shall obtain a County encroachment permit (at no cost to applicant) and complete the major roadway repairs. If major roadway repairs that are the applicant’s fair share obligation are not completed by the applicant in a timely manner as determined by the County, and the County must make repairs when the public’s safety is considered at risk by the County Engineer, then the applicant will be billed for the County’s major roadway repair work on a time and materials basis. An applicant may coordinate with the County to have the County complete required improvements, and in such case must fully fund the County’s costs to do so. The operator does not assume the liability for the roadway, except for cases where the operator has not fulfilled its maintenance obligations.
   If a subsequent mining operation utilizes a road previously required to be improved pursuant to this subsection, then the subsequent operator shall be responsible for compliance with the agreements and requirements of the previous operator.
(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)
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