Chapter 17.144
M-3 MINERAL RESOURCES AND RELATED MANUFACTURING DISTRICT
Sections:
17.144.020 Permitted uses without a mining or conditional use permit.
17.144.030 Uses subject to a surface mining permit.
17.144.040 Uses subject to a conditional use permit.
17.144.070 Development standards.
17.144.080 Special development and landscape improvement standards.
17.144.090 Preexisting operations.
17.144.110 Substantial compliance and compatibility of uses.
17.144.010 Purpose.
The intent of the M-3 district is to reserve appropriate locations consistent with the General Plan to accommodate a full range of mineral resource extraction and related manufacturing in order to strengthen the City’s economic base and to increase employment opportunities. Locations for the M-3 district may have operational characteristics or features that make their location near less intensive uses or highly visible areas of the City inappropriate. However, uses which have nuisance features that cannot be mitigated or which pose a threat to public health or safety shall not be permitted. This chapter includes appropriate development criteria to assure a quality of appearance of all structures and uses from public rights-of-way in order to encourage the long term viability of the district as well as to attract desirable users. This chapter also contains the appropriate standards and criteria to ensure public health and safety. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.010].
17.144.020 Permitted uses without a mining or conditional use permit.
Uses permitted in the M-3 district shall include those businesses listed below which operate in compliance with the purpose, intent and standards of this district, are conducted on a contiguous area of not less than 300 acres unless otherwise permitted in LEMC 17.144.030, maintain an exterior environment meeting all State and Federal regulations pertaining to odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, and the storage of hazardous waste. Each business shall be evaluated in terms of its operational characteristics and specific site location pursuant to the provisions of LEMC 17.415.050 and 17.415.060.
A. All permitted uses in the M-1 district listed in LEMC 17.136.020.
B. All permitted uses in the M-2 district listed in LEMC 17.140.020.
C. Agricultural uses of the soils for crops, orchards, grazing and forage.
D. Other permitted uses that the Planning Commission approves in accordance with LEMC 17.144.110. [Ord. 1415 § 3 (Exh. F § 80), 2019; Ord. 1150 § 2, 2005. Code 1987 § 17.61.020].
17.144.030 Uses subject to a surface mining permit.
The following uses are permitted in conformance with the development and performance standards of this chapter; provided, that the operator thereof holds a permit to conduct surface mining operations, issued pursuant to the Surface Mining and Reclamation Act of 1975 (“SMARA”), as adopted by Riverside County Ordinance No. 555 and incorporated herein by this reference, which has not been revoked or suspended:
A. Mining, quarrying, excavating, beneficiating, concentrating, processing, and stockpiling of rock, sand, gravel, decomposed granite, clay, gypsum, limestone, metallic ores, and similar materials, and the rehabilitation of the resulting excavations.
B. Rock crushing plants, aggregate washing, screening and drying facilities and equipment, and concrete and/or asphalt batch plants.
C. Ore reduction plants, and specialty plants for processing mineral products; the manufacturing of block, pipe, tile, pottery, bricks, cement, plaster, and asphaltic concrete, and the recycling of broken concrete and asphalt; provided, that such plants and manufacturing operations observe a minimum setback of 300 feet from any zone, other than the M-1, M-2, or M-3 district.
D. Other surface mining permit uses that the Planning Commission approves in accordance with LEMC 17.144.110.
E. Notwithstanding any other provision of this chapter, blasting activities shall be permitted only upon issuance by the Director of Community Development of a permit authorizing such activities and shall be subject to the standards established in LEMC 17.144.080 and such additional conditions as set forth in the permit. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.030].
17.144.040 Uses subject to a conditional use permit.
It is recognized that certain uses while similar in characteristics to permitted uses in LEMC 17.144.020 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the M-3 district shall require a use permit pursuant to LEMC 17.415.070 and shall include the following:
A. Organic waste composting facilities.
B. Other uses that the Planning Commission finds by resolution to be consistent with the purpose of this chapter and having characteristics similar to those uses listed in LEMC 17.144.020.
C. Other conditional use permit uses that the Planning Commission approves in accordance with LEMC 17.144.110.
D. Electric and gas distribution, transmissions substations, telephone and microwave stations.
E. Riding and hiking trails, recreation lakes, and campgrounds. [Ord. 1415 § 3 (Exh. F § 81), 2019; Ord. 1150 § 2, 2005. Code 1987 § 17.61.040].
17.144.050 Accessory uses.
In addition to preexisting operations (as defined in LEMC 17.144.090), the following accessory buildings and uses may be located in the same area in conjunction with the permitted use; provided, that they remain clearly incidental and secondary to the primary permitted use, are compatible with the character of the business district in which they are located, and that any building or structure is harmonious with the architectural style of the main building(s). Except for preexisting operations, no accessory buildings shall be located in a front yard area facing adjacent residential uses.
A. Retail and wholesale distribution of materials produced on the site; provided, that retail distribution sales do not exceed 35 percent of gross revenue generated on the site.
B. Storage of trucks, excavating vehicles, machinery, or other similar equipment or nonproduct material used in the operation, where suitable screening of the storage is provided when within 500 feet of a residential use or right-of-way.
C. Scales and weighing equipment.
D. Offices and maintenance shop structures, including use of mobilehomes, provided such structures are constructed subject to and in accordance with a validly issued City building permit.
E. Residences and mobilehomes for caretakers or watchmen and their families; provided, that no more than one residence per 50 acres of mining area may be permitted by the City and further provided such structures are constructed subject to and in accordance with a validly issued City building permit. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.050].
17.144.060 Minimum area.
The minimum area for any new M-3 district shall not be less than 300 acres gross. Areas designated in an M-3 district may fall below the 300-acre minimum threshold over time, and become noncontiguous, if they remain consistent with the uses permitted in the M-3 district, and continue to abide by all State (SMARA) and Federal requirements. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.060].
17.144.070 Development standards.
The following minimum standards shall apply to all new construction in the M-3 district:
A. Minimum Area. Not less than 300 acres gross.
B. Minimum Width. Not less than 200 feet.
C. Yards. Front, rear, and side, not less than 50 feet for any use permitted in this chapter and not less than 150 feet when the use is adjacent to any residential zoned property; provided further, however, that any structure exceeding 45 feet in height shall have front, side, and rear yard spaces equal to the height of said structure and not less than 50 feet.
D. Structure Height. With the exception of preexisting operations, no habitable building or permanent structure shall exceed 45 feet in height, unless a variance is approved by the Planning Commission. In no event, however, shall a habitable building exceed 75 feet in height or shall any other structure exceed 100 feet in height. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.070].
17.144.080 Special development and landscape improvement standards.
The following special development and landscape improvement standards are designed for mining and related uses which are developed for uses that are remote from urban uses. Premises in the M-3 district used for any mining and quarry operations, and related manufacturing shall be subject to the following standards:
A. Noise Suppression. All equipment and premises employed in conjunction with any of the uses permitted in the M-3 district shall be constructed, operated and maintained in accordance with the requirements of Chapter 17.176 LEMC.
B. Roads and Driveways. Best management practices shall be implemented and all roads and driveways shall be kept wetted while being used or shall be treated with oil, asphaltic concrete or concrete, or other palliative to prevent the emission of dust.
C. Access Roads. All private access roads leading off any paved public street onto property used for any purpose permitted in this chapter shall be paved to a minimum width of 24 feet with asphaltic concrete or equal, not less than three inches in thickness with adequate compacted base material for not less than the first 100 feet of said access road.
D. Air and Water Pollution. All operations shall be conducted in compliance with the requirements of the South Coast Air Quality Management District and the State Water Quality Control Board.
E. Slopes of Excavations. No production from an open pit quarry shall be permitted which creates an average slope steeper than one foot horizontal to one foot vertical; provided, however, that a steeper slope may be permitted where soil content or material is such that a vertical-cut excavation is safe in the opinion of the Division of Industrial Safety, Department of Industrial Relations of the State of California.
F. Distancing and Landscaping. With the exception of preexisting operations, operations located at anytime within 500 feet of existing residences or adjacent residential zoned property shall comply with the following:
1. For Manufacturing Operations.
a. Within the requisite 150-foot setback and 300 feet of the property boundary – prohibited without issuance of a variance.
b. Between 300 feet and 500 feet of the property boundary shall be screened to a height of at least six feet by either landscaping, berms, walls or solid fencing and the outer boundaries of the area being excavated shall be enclosed with a six-foot-high chain link fence, including all necessary gates, except where such a fence would be impractical, as in the bed or flood channel of a wash or watercourse, because of differences in elevation.
2. For Excavation Operations.
a. Within the requisite 150-foot setback of the property boundary – prohibited without issuance of a conditional use permit.
b. Between the requisite 150-foot setback and 500 feet of the property boundary shall be screened to a height of at least six feet by either landscaping, berms, walls or solid fencing and the outer boundaries of the area being excavated shall be enclosed with a six-foot-high chain link fence, including all necessary gates, except where such a fence would be impractical, as in the bed or flood channel of a wash or watercourse, because of differences in elevation.
G. Hours of Operation. Subject to the exceptions expressed herein and except for preexisting operations, all uses shall confine operations on the property to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday, and uses shall not be permitted on legal holidays or Sundays.
1. Subject to issuance of a conditional use permit, those operations that are located between the requisite 150-foot setback for residential zoned property (LEMC 17.144.070) and 500 feet from the outer boundary of the property may engage in continuous activities beyond the hours of operation.
2. Those operations (both excavation or manufacturing operations) that are located more than 500 feet from the outer boundary of the property may engage in continuous activities beyond the hours of operation so long as the activities otherwise comply with the substantive requirements of the Lake Elsinore Municipal Code, including the specific standards set forth in this chapter.
H. Insurance. Before commencing any mining operations in accordance with this chapter, including production activities or operations incident thereto, the owner or operator shall provide evidence of liability insurance in an amount of $1,000,000 per occurrence and $2,000,000 in the aggregate or such other amount as may be reasonably acceptable to the City. Such insurance shall be kept in full force and effect during the period of such operations and shall name the City as an additional insured upon request by the City.
1. Rehabilitation. All property uses permitted by this chapter shall be rehabilitated in accordance with the applicable provisions of the Surface Mining and Reclamation Act of 1975 and any mining reclamation plan that has been approved pursuant to this chapter, the provisions of Riverside County Ordinance No. 555, or SMARA. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.080].
17.144.090 Preexisting operations.
For purposes of this chapter, “preexisting operations” means (1) any structure existing in an area at the time the area is designated part of the M-3 district by the City, (2) any operation activity which is occurring in an area at the time the area is designated as part of the M-3 district by the City, and (3) any operation activity described in LEMC 17.144.030(A) which has occurred in any area prior to the time the area is designated as part of the M-3 district by the City. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.090].
17.144.100 Signs.
The provisions of Chapter 17.196 LEMC shall be used to determine permitted signs in the M-3 district. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.100].
17.144.110 Substantial compliance and compatibility of uses.
The Planning Commission may determine whether a project or any project modification is substantially and significantly related to the permitted uses, uses subject to a surface mining permit, uses subject to a conditional use permit, or accessory uses, in the M-3 district. [Ord. 1150 § 2, 2005. Code 1987 § 17.61.110].