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R Analysis i Zoning/SMARA Back round i Prior to 1998,the applicant's proposal to remove soil for the purpose of improving the agricultural quality of the site would have been processed as an Agricultural Excavation permit. However,the State Departmen of Conservation, Division of Mines, informed the County that such excavations mast comply with the State Mining and Reclamation Act(SMARA). To comply with SMARA, all excavations where soil is to be removed from the site must be processed with a Quarry Excavation application(with some exceptions,e.g. swimming pools). Ordinarily,Quarry Excavation applications may be accepted in the AG and AU Zones provided that: Areas for excavations are designated"Resource Conservation"on the County General Plan Map, and the State Mines and Geology Board has identified the areas as construction aggregate deposits of regional significance ' This site has not been identified by the County General Plan as a"Resource Conservation." - The portion of the property to be excavated contains substantial deposits of mineral resources or a portion of a deposit of substantial mineral resources,or; The site does not contain any substantial mineral resources For areas zoned AG, the Farmland Mapping and Monitoring Program's soil classification for that portion of the property to be excavated is neither Prime Farmland of Statewide Significance,nor Unique Farmland(Development Title Section 9-854.2). This site is zoned AG-40 and has a soil classification of Prime Farmland of Statewide Significance. this project is for the removal of excess materials to increase the property's agricultural However, because potential,the Community Development Department determined that the Quarry Excavation application may be accepted. In addition,the Department determined that the project would have to meet the development requirements for an Agricultural Excavation permit. Specifically,the final grade shall have an average elevation no less than the average elevation of the natural grade of the surrounding land. The average elevation of the natural or existing grade shall be the average elevation of all land one hundred(100)feet from the perimeter of the proposed excavation,excluding any portion of the perimeter adjacent to a river, riverbank, levee, public road, railroad, canal, pipeline,or other,similar uses or rights-of-way(Development Title Section 9-1410.3[b-41). The Community Development Department notified the applicant of these requirements prior to accepting the Quarry Excavation application. r Average Ground Desi n Grade The applicant has proposed to remove up to three(3)feet of topsoil across the surface of three parcels. There are some areas where soil will be filled in order to level out the land. The average ground elevation of the project site is 13.97 feet. The adjacent properties have an average ground elevation of 13.9 feet. The applicant proposes the average ground design grade to be 13.1 feet. Because the average ground elevation(13.9 feet)is virtually level with the adjacent properties average ground elevation(13.97 feet),the Community Development Department is unable to recommend approval for the Quarry Excavation permit. QX-01-1\Noceti Farms San Joaquin County Page 3 Community Development