Section 51238.2 Of Article 2.5. Agricultural Preserves From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 7. >> Article 2.5.
51238.2
. Mineral extraction that is unable to meet the principles
of Section 51238.1 may nevertheless be approved as compatible use if
the board or council is able to document that (a) the underlying
contractual commitment to preserve prime agricultural land, as
defined in subdivision (c) of Section 51201, or (b) the underlying
contractual commitment to preserve land that is not prime
agricultural land for open-space use, as defined in subdivision (o)
of Section 51201, will not be significantly impaired.
Conditions imposed on mineral extraction as a compatible use of
contracted land shall include compliance with the reclamation
standards adopted by the Mining and Geology Board pursuant to Section
2773 of the Public Resources Code, including the applicable
performance standards for prime agricultural land and other
agricultural land, and no exception to these standards may be
permitted.
For purposes of this section, "contracted land" means all land
under a single contract for which an applicant seeks a compatible use
permit.