This chapter is adopted in accordance with, and to implement the provisions of the Surface Mining and Reclamation Act of 1975, as amended, which is set forth in the Public Resources Code. The provisions of this chapter are to be used and considered in conjunction with the Act and the implementing regulations adopted, as authorized by the Act, by the State Mining and Geology Board. Any amendment of the Act or of the Regulations, hereafter adopted, which is applicable to the provisions of this chapter or a surface mining operation, existing or proposed, situated within the City, shall control, in accordance with its terms, over any conflicting provision of this chapter.
(Ord. 3136 § 1, 1994)
(A) 
The City Council finds that the extraction of minerals is essential to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety from the effects of the extraction of minerals.
(B) 
The City Council further finds that the reclamation of mined lands as provided in this chapter will permit the mining of minerals and will, at the same time, provide for the protection and subsequent beneficial use of the mined and reclaimed land.
(Ord. 3136 § 1, 1994)
Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of this chapter:
"Act" or "SMARA"
means the Surface Mining and Reclamation Act of 1975, as amended, which is set forth in the State's Public Resources Code starting at section 2710. When the word "Act" is used in this chapter in conjunction with a section number, the number refers to a section in the Public Resources Code.
"Backfill"
means earth, overburden, mine waste or imported material used to replace material removed during mining.
"Board"
means the State Mining and Geology Board in the State Department of Conservation.
"Borrow pits"
mean excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.
"City"
means the City of Santa Rosa.
"City council"
means the Council of the City of Santa Rosa.
"Department"
means the State Department of Conservation.
"Director of community development"
means the City's Director of Community Development and includes his or her designated representatives.
"State director"
means the State Director of Conservation.
"Excavations for on-site construction"
means earth material moving activities that are required to prepare a site for construction of structures, landscaping or other land improvements (such as excavation, grading, compaction, and the creation of fills and embankments), or that in and of themselves constitute engineered works (such as dams, road cuts, fills and catchment basins).
"Financial assurances"
means the financial assurances provided to the City and department to assure the carrying out of a reclamation plan which must be approved by the City under the Act, prior to the approval or issuance of a permit. Financial assurances are required by Section 2770 of the Act and are described in Section 2773.1 of the Act, in the Regulations, and in guidelines adopted by the Board.
"Geologic hazard"
means a geologic condition that is a potential danger to life and property. Geologic hazards include, but are not limited to, earthquake shaking, landslide, erosion, expansive soil, fault displacement and volcanic eruption.
"Grading"
means to bring an existing surface to a designed form by cutting, filling and/or smoothing operations.
"Idle"
means to curtail for a period of one year or more surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.
"Lead agency"
means the City of Santa Rosa which is the agency under this chapter and the Act that has the principal responsibility for approving, approving with conditions, or denying surface mining operations, reclamation plans and financial assurances relating to property situated within the boundaries of the City.
"Mined lands"
means and includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.
"Minerals"
means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.
"Mining waste"
includes the residual of soil, rock mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.
"Operator"
means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his, her or its behalf.
"Overburden"
means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.
"Permit"
means a surface mining permit required by the provisions of this chapter.
"Person"
means any individual, firm, association, corporation, organization or partnership, or the City, or any official thereof, Sonoma County, or the state or any department or agency thereof.
"Reclamation"
means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.
"Reclamation plan"
means a plan for the reclamation of mined lands required by Section 2770 and described in part in Sections 2772 and 2773 of the Act and Sections 3502 of the Regulations.
"Regulations"
means the Regulations of the Board adopted to implement the Act. The Regulations are set forth in the California Code of Regulations in Title 14, Division 2, Chapter 8, Subchapter 1, entitled "State Mining and Geology Board," starting at Section 3500.
"State geologist"
means the individual holding the office created by section 677 of the Public Resources Code.
"State policy"
means the regulations adopted by the Board under the provisions of Section 2755 of the Act.
"Surface mining operations"
means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:
(1) 
In-place distillation, retorting or leaching;
(2) 
The production and disposal of mining waste;
(3) 
Prospecting and exploratory activities;
(4) 
Borrow pitting, streambed skimming, segregation and stockpiling of mined materials (and recovery of same) are deemed to be surface mining operations unless specifically excluded under Section 2714 of the Act or Section 3505 of the Regulations;
"Topsoil"
means the upper part of the soil profile that is relatively rich in humus, which is technically known as the A-horizon of the soil profile.
Other definitions contained in the Act (A), the Regulations (R) and Chapter 1 of Division 2 of the Public Resources Code (C) starting at Section 2001.
(Ord. 3136 § 1, 1994)
The provisions of this chapter are not applicable to:
(A) 
Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster;
(B) 
Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping or other land improvements, including the related excavation, grading, compaction or the creation of fills, road cuts and embankments, whether or not surplus materials are exported from the site subject to all of the following conditions:
(1) 
All required permits for the construction, landscaping or related land improvements have been approved by the City in accordance with applicable provisions of adopted plans, policies, regulations, standards and ordinances of the City and State law, including, but not limited to, the provisions of the California Environmental Quality Act,
(2) 
The City's approval of the construction project included consideration of the on-site excavation and onsite earthmoving activities pursuant to the California Environmental Quality Act,
(3) 
The approved construction project is consistent with the City's general plan or zoning of the site,
(4) 
Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued;
(C) 
Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:
(1) 
The plant site is located on lands designated for industrial or commercial uses on the City's general plan,
(2) 
The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the City,
(3) 
None of the minerals being processed are being extracted onsite,
(4) 
All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976;
(D) 
Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand cubic yards in any one location of one acre or less;
(E) 
Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores and overburden, or does not involve more than one acre in any one location;
(F) 
Such other surface mining operations to which the Act does not apply as set forth in the Act or the Regulations or as determined by the Board under the provisions of Section 2714(d) of the Act.
(Ord. 3136 § 1, 1994)
(A) 
Any person who proposes to engage in surface mining operations shall, prior to the commencement of such operations to which the provisions and requirements of this chapter apply, obtain: (1) a permit, and (2) approval of a reclamation plan, and (3) provide and obtain approval of financial assurances, in accordance with the provisions of this chapter and the act.
(B) 
No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person shall be deemed to have such vested rights if, prior to January 1, 1976, that person has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.
The reclamation plan required to be filed under subdivision (b) of Section 2770 of the Act, shall apply to operations conducted after January 1, 1976, or to be conducted. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976.
(Ord. 3136 § 1, 1994)
(A) 
An application for a permit shall be filed with the Department of Community Development. As many copies of the application as may be required by the Director of Community Development shall be submitted with the original application. The application shall be submitted on forms provided by the Department of Community Development.
(B) 
The application shall identify the property on which the proposed surface mining operations will be conducted, shall describe in sufficient detail the proposed operations, including the manner in which they will be conducted, the quantities of minerals proposed to be removed, and the time period or periods in which the removal will take place.
(C) 
The application shall include the necessary environmental review forms, information required by the Act, Regulations and this chapter and such further relevant information as may be required by the Director of Community Development. The application shall be signed by the property owner(s), the owner(s) of the mineral rights, if other than the property owner(s), and the proposed operator.
(D) 
The application shall have attached to it the proposed reclamation plan, and a detailed description of the proposed financial assurances, including the total amount thereof, which will be provided by the operator.
(E) 
The Department of Community Development shall review the application package for completeness and shall, within 30 days after receipt, either accept the application as complete for the purpose of initiating permit processing or return the application as incomplete with an explanation of how the application package is deficient. The resubmittal of the revised application shall start a new 30-day review for completeness time period.
(Ord. 3136 § 1, 1994)
(A) 
Within 30 days of the filing of an application for a permit, the Director of Community Development shall notify the State Director of such filing.
(B) 
Whenever surface mining operations are proposed in the 100-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Director of Community Development shall notify the State Department of Transportation that the application has been received. The State Department of Transportation shall have a period of no more than 45 days to submit comments to the Director of Community Development with respect to any potential damages to the state highway bridge resulting from the proposed mining operations. No permit shall be issued until the comments have been received or 45 days have passed since the date the notice was given, whichever is longer.
(Ord. 3136 § 1, 1994)
(A) 
Once an application is deemed complete, the Department of Community Development shall process and review the application, including review pursuant to the provisions of the California Environmental Quality Act, the State CEQA Guidelines and the City's environmental review requirements.
(B) 
Following completion of environmental review, the Department of Community Development shall prepare a staff report on the application, with recommendations, for consideration by the Planning Commission.
(C) 
The Planning Commission shall hold at least one noticed public hearing on the requested permit, the proposed reclamation plan and the amount of the financial assurances being proposed.
(D) 
Prior to its final approval of: (1) a reclamation plan, or (2) the amount of the financial assurances to be provided therewith, or (3) any amendment(s) to a reclamation plan, the Planning Commission shall certify to the State Director that, in its judgment, the reclamation plan or the amendment(s) thereto comply with the applicable requirements of the Act and Regulations. The Director of Community Development shall thereupon submit the certification and the reclamation plan, the financial assurances, or the amendment(s) to the State Director for review. The Planning Commission may conceptually approve the reclamation plan or the amendment(s) and the total amount of the financial assurances before they are submitted to the State Director.
(E) 
The State Director shall have 45 days from the date of the submittal within which to prepare and submit written comments on the reclamation plan, the financial assurances or the amendment(s) to the Planning Commission. The Planning Commission shall evaluate any written comments received from the State Director before taking final action on the permit, the reclamation plan or the amendment(s), or approving the amount of financial assurances that will be required. The Department of Community Development shall prepare a written response describing its recommended disposition of each major issue, if any, raised by the State Director for the Planning Commission's review. In particular, when the Planning Commission's position is at variance with a recommendation or objection raised in the State Director's comments, the written response shall address, in detail, why the specific comments or suggestions were not or should not be accepted. The Planning Commission shall adopt or modify and adopt the written response or shall adopt a different written response if the Planning Commission's position continues to be at variance with the State Director's recommendations or objections.
(F) 
The Planning Commission shall then take final action to approve, approve subject to conditions and/or modifications, or deny the permit, the reclamation plan and the amount of the financial assurances. A permit, approved or conditionally approved under this chapter, shall expire and become null and void if the mining operations authorized by the permit are not commenced within two years from the date the permit was approved.
(G) 
The Planning Commission's action shall be final, subject only to appeal to the City Council. If a decision or determination of the Planning Commission is appealed to the City Council, the Council, in making a determination on the appeal, may, in its discretion, assume all duties and authority assigned to the Planning Commission under this chapter.
(Ord. 3136 § 1, 1994)
(A) 
The applicant shall file with the permit application his proposed reclamation plan. The reclamation plan shall contain all of the following:
(1) 
The name and address of the operator and the names and addresses of any persons designated by him as his agents for the service of process;
(2) 
The anticipated quantity and type of minerals for which the surface mining operation is to be conducted;
(3) 
The proposed dates for the initiation and termination of the operation;
(4) 
The maximum anticipated depth of the surface mining operation;
(5) 
The size and legal description of the lands that will be affected by the operation, a map that includes the boundaries and topographic details of such lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads and utility facilities within, or adjacent to, such lands, the location of all proposed access roads to be constructed in conducting such operation, and the names and addresses of the owners of all surface and mineral interests of such lands;
(6) 
A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;
(7) 
A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;
(8) 
A description of the manner in which reclamation, adequate for the proposed use or potential uses will be accomplished, including: (1) a description of the manner in which contaminants will be controlled, and mining waste will be disposed; (2) a description of the manner in which rehabilitation of any affected streambed channels and stream banks to a condition minimizing erosion and sedimentation will occur; and (3) a statement of when the reclamation plan will be implemented;
(9) 
An assessment of the effect of implementation of the reclamation plan on future mining in the area;
(10) 
A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan;
(11) 
Any other relevant information which the Director of Community Development may require.
(B) 
The proposed reclamation plan shall be applicable to a specific piece of property or properties, shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, claim, stream characteristics and principal mineral commodities and shall establish site specific criteria for evaluating compliance with the approved reclamation plan, including, but not limited to, topography, vegetation and sediment, and erosion control. The plan shall conform to any applicable standards adopted by the Board.
(Ord. 3136 § 1, 1994)
(A) 
Reclamation plans shall conform to the requirements of Section 2773(a) of the Act, as applicable, and the minimum statewide reclamation standards adopted by the Board, which include but are not limited to, the following subjects: wildlife habitat, backfilling, regrading, slope stability, re-contouring, erosion control, water ways, revegetation, drainage, agricultural land reclamation, structure and equipment removal, stream protection, topsoil salvage and mine waste management, as set forth in Sections 3502, 3503 and Article 9, beginning at Section 3700 of the Regulations.
(B) 
The City may impose additional reclamation standards or requirements, either in the review of individual projects, as warranted to protect the public safety or welfare, and/or through the adoption, by ordinance or City Council resolution, of City-wide reclamation standards.
(Ord. 3136 § 1, 1994)
Reclamation activities under an approved reclamation plan shall be phased with the phasing of the mining operations and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation. Interim reclamation may be required for mined lands that will be disturbed again in future operations. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: the beginning and expected ending dates for each phase; all reclamation activities required; criteria for measuring completion of specific reclamation activities; and the estimated costs.
(Ord. 3136 § 1, 1994)
(A) 
Permits. Prior to approving a permit, the Planning Commission shall find that the proposed operations comply with the provisions of state policy and this chapter.
(B) 
Reclamation Plans. The following findings shall be made prior to approval of a reclamation plan:
(1) 
The reclamation plan complies with the requirements of the Act, the applicable provisions of the Regulations and this chapter;
(2) 
The potential use(s) of the reclaimed land under the reclamation plan are consistent with this chapter, the City's general plan and zoning of the property;
(3) 
All significant adverse impacts on the land to be reclaimed as a result of the surface mining operations are mitigated to the maximum extent feasible under the reclamation plan;
(4) 
If applicable, that a written response to the State Director has been prepared, describing the disposition of major issues raised by the State Director. Where the City's position is at variance with the recommendations and objections raised by the State Director, the written response has addressed, in detail, why specific comments and suggestions were not accepted by the City;
(5) 
Other findings as may be required by law.
(Ord. 3136 § 1, 1994)
(A) 
To ensure that reclamation will proceed in accordance with the approved reclamation plan, there shall be required as a condition of the plan's approval financial assurances, the total amounts of which will be determined by the Planning Commission. The applicant may post security in the form of a corporate surety bond(s), trust fund(s), irrevocable letter(s) of credit, or other forms of financial assurances as specified in the Regulations. The financial institution furnishing or issuing any proposed security shall be authorized to do business in California with respect to the issuance or furnishing of such security. Financial assurances shall be made payable to the City of Santa Rosa and the Department. The amount of the financial assurances shall be adequate, as determined by the Planning Commission, to enable the City or Department to perform, or have performed, reclamation in accordance with the approved reclamation plan.
(B) 
Financial assurances will be required to ensure compliance with each element of the reclamation plan, including but not limited to, revegetation and landscaping requirements; restoration of aquatic or wildlife habitat; protection of archaeological sites; restoration of water bodies and water quality; slope stability and erosion and drainage control, disposal of hazardous materials; and other mitigation measures.
(C) 
The amount of the financial assurances shall be based upon the estimated costs of reclamation for each year or phase set forth in the reclamation plan, including any maintenance of reclaimed areas as may be required. Cost estimates shall be prepared by a licensed engineer and/or other qualified professional retained by the operator and approved by the Director of Community Development. Financial assurances shall be based upon cost estimates that include, but may not be limited to, labor, equipment, materials, mobilization of equipment, administration and reasonable (10 percent) profit by a commercial contractor who is retained by the operator to complete the reclamation.
(D) 
In estimating the amount of financial assurances to be required, it shall be assumed that the surface mining operation could be abandoned by the operator, and consequently, the City or State may need to contact with a third-party commercial entity to mobilize quickly and complete the reclamation of the site, under requirements applicable to public works contracts, including, but not limited to, the payment of prevailing wage rates.
(E) 
Where reclamation is to be accomplished in annual increments, the amount of financial assurances required for any one calendar year shall be adjusted annually, not later than December 10th of the current year, to account for new lands that may be disturbed in the coming year by the surface mining operations, inflation and any reclamation already accomplished in accordance with the plan. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan. Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the year.
(F) 
The financial institution or surety and its location, which the applicant has proposed to furnish or issue the financial assurances, shall be subject to the approval of the Director of Community Development. The form and content of the financial assurances shall be subject to approval by the City Attorney. The guidelines adopted by the Board shall be consulted.
(Ord. 3136 § 1, 1994)
Whenever the ownership or control of a surface mining operation, or portion thereof, which is subject to the provisions of this chapter, is sold or otherwise transferred, the successor in interest shall be bound by the provisions of this chapter, the conditions and requirements of any permit and reclamation plan previously approved for the operation, and shall within two weeks of the transfer notify the Director of Community Development in writing of such transfer of ownership and the new ownership's name, address and telephone number. Any existing financial assurances for the operation shall remain in full force and effect and shall not be released until new financial assurances are submitted to the City by the successor in interest and approved by the City in accordance with the provisions of this chapter.
(Ord. 3136 § 1, 1994)
The Director of Community Development shall arrange for the completion of an inspection of a surface mining operation within six months of receipt of the annual report required in Section 2207 of the Public Resources Code, to determine whether the surface mining operation is in compliance with the approved reclamation plan, Chapter 5 of the Act, and the regulations. In no event shall less than one inspection be conducted by the City in any calendar year. The inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, state-registered forester or other qualified specialist. The person making an inspection will be selected by the Director of Community Development. The person selected shall be experienced in land reclamation and shall not have been employed by the mining operation in any capacity during the previous 12 months. All inspections shall be conducted using a form provided by the Board. The Director of Community Development shall notify the State Director within 30 days of completion of the inspection that the inspection has been conducted and shall forward a copy of the inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable costs of each such inspection, including a City administrative fee as may be adopted by the City Council. The estimated cost of the inspection and an administrative fee shall be deposited by the operator with the Department of Community Development within 14 days of notice of the amount thereof being given the operator by the Director.
(Ord. 3136 § 1, 1994)
(A) 
Within 90 days of a surface mining operation becoming idle, as defined in this chapter, the operator shall submit to the Department of Community Development an interim management plan. The interim management plan shall fully comply with the requirements of Section 2770(h) of the Act and shall set forth the measures the operator will implement to maintain the site in compliance with the Act, including, but not limited to, all requirements of the reclamation plan. The interim management plan shall be processed as a proposed amendment to the reclamation plan and shall not be considered a separate project for the purposes of environmental review.
(B) 
Financial assurances for idle operations shall be provided as addressed in the reclamation plan or as otherwise approved through the idle mine's interim management plan.
(C) 
Within 60 days of receipt of the interim management plan, or such longer period mutually agreed upon by the Director of Community Development and the operator, the Planning Commission shall hold a noticed public hearing at which it will consider, and following which it shall approve, approve with conditions and/or modifications, or deny the plan in accordance with this chapter and the Act. If approval of the proposed interim management plan is denied, the operator shall have 30 days, or such longer period mutually agreed upon by the operator and the Director of Community Development, to submit a revised plan. The Planning Commission following a noticed public hearing shall approve, approve subject to conditions and/or modifications, or deny the revised interim management plan within 60 days of its filing with the Department of Community Development. If the Planning Commission denies approval of the revised interim management plan, the operator may file an appeal of that action to the City Council in accordance with the provisions of this chapter. The Council shall hear the appeal within 45 days of its filing or within such longer period as the Mayor and operator may agree upon.
(D) 
The interim management plan may remain in effect for a period not to exceed three years, at which time the Planning Commission may renew its approval of the plan for another period not to exceed three years if the commission finds the operator has fully complied with the interim management plan, or the Planning Commission may require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.
(E) 
Unless review of a proposed interim management plan, or a revised interim management plan, or an appeal of either is pending, a surface mining operation which remains idle for over one year after becoming "idle," as defined in this chapter, without obtaining approval of an interim management plan, shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.
(Ord. 3136 § 1, 1994)
(A) 
If the Department of Community Development, based upon an annual inspection, or otherwise confirmed by an inspection, of a surface mining operation, determines that a surface mining operation is not being conducted in compliance with this chapter, its permit, or its approved reclamation plan, the Director of Community Development shall follow the procedures set forth in Sections 2774.1 and 2774.2 of the Act concerning violations, penalties and enforcement of the Act. Any required hearing shall be held by the City Council.
(1) 
Should the Director of Community Development make a determination to impose an administrative penalty in any of the circumstances set forth in Section 2774.1 of the Act, the penalty shall not exceed $5,000.00 per day, or such other maximum amount as set forth in the Act, and the Director of Community Development shall use the applicable criteria set forth in Section 2774.1 and elsewhere in the Act and Regulations in determining the actual amount of the administrative penalty that he or she imposes.
(B) 
If the Director of Community Development determines or is notified by the State Director that an operator is financially incapable of performing reclamation in accordance with the approved reclamation plan or has abandoned the mine, the Director of Community Development shall schedule a public hearing before the Planning Commission on the matter. Following the public hearing, upon making a determination that the operator is financially incapable of completing reclamation or has abandoned the mine, the Planning Commission shall take one of the actions set forth in Section 2773.1(b) of the Act.
(Ord. 3136 § 1, 1994)
The City Council, by resolution, shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the regulations, including but not limited to, the processing of applications, annual reports, inspections, monitoring, enforcement and compliance.
(Ord. 3136 § 1, 1994)
(A) 
Reclamation plans, reports, applications and other documents submitted to the City pursuant to this chapter are public records unless it can be demonstrated by the operator to the satisfaction of the Director of Community Development that the release of such information, or parts thereof, would reveal production, reserves or rate of depletion entitled to protection as proprietary information. Upon the written request of the operator or owner, and not otherwise, the Director of Community Development shall identify such proprietary information as a separate part of each application. Proprietary information shall be made available only to the State Director and to persons authorized in writing by the mine operator and by the mine owner in accordance with Section 2778 of the Act.
(B) 
A copy of all reclamation plans, reports, applications and other documents submitted under this chapter shall be furnished by the Director of Community Development to the State Director upon the State Director's request.
(Ord. 3136 § 1, 1994)
An applicant or any other interested person who considers a decision or determination made under the provisions of this chapter by the Director of Community Development or the Planning Commission to be erroneous, may appeal that decision or determination in accordance with the provisions of this section.
(A) 
(1) 
An appeal from a decision or determination of the Director of Community Development shall be made to the Planning Commission and filed with the Department of Community Development.
(2) 
An appeal from a decision or determination of the Planning Commission shall be made to the City Council and filed with the City Clerk.
(B) 
An appeal must be filed within 10 working days (days upon which City Hall is open to the public for business) from the date on which the decision or determination was made, except as provided in Section 17-32.192.
(C) 
An appeal shall be made in writing and shall clearly identify the decision or determination appealed from; shall specify each and every ground upon which the appellant relies in making the appeal; and shall state the specific action which the appellant wants taken under the appeal.
(D) 
A person filing an appeal shall pay to the Department of Community Development or to the City Clerk, as applicable, the fee, if any, adopted by the City Council for filing such an appeal under the provisions of this chapter. An appeal may not be filed unless the required fee, if any, is first paid.
(E) 
The timely filing of a written appeal shall stay all actions in the matter appealed from and neither the applicant nor any other interested person may rely upon the decision or determination so appealed until the appeal has been decided or otherwise resolved.
(F) 
An appeal to the Planning Commission shall be scheduled for hearing by the Director of Community Development at the Commission's earliest regular meeting thereafter, consistent with agenda preparation procedures, schedules for Commission meetings, and, if applicable, notice requirements. Unless otherwise required in this chapter, an appeal to the City Council shall be scheduled for hearing by the City Clerk at the Council's earliest regular meeting thereafter, consistent with City Council agenda and preparation procedures, City Council meeting schedules and, if applicable, notice requirements.
(G) 
If the decision or determination appealed from required a prior public hearing, a public hearing shall be held on the appeal. If no public hearing was required for the decision or determination, the Director of Community Development, the chairman of the Planning Commission, or the Planning Commission may determine that a public hearing is appropriate, in which case a public hearing shall be held and notice of the hearing shall be given as required by this chapter.
(Ord. 3136 § 1, 1994)
Where a public hearing is required under the provisions of this chapter, or is otherwise determined to be held, notice of the public hearing shall be given by the Director of Community Development or City Clerk, as applicable, in accordance with this section.
(A) 
Contents of Notice. The notice of the public hearing shall contain the time, date and place of the public hearing and the name of the body or person holding the hearing; a general identification or depiction of the property involved and its location; a general description of the action proposed or requested to be taken; and a statement that any interested person is invited to appear and be heard on the matter, and may submit written comments before the hearing to the person designated in the notice.
(B) 
Notice of a public hearing shall be:
(1) 
Sent by first class mail, not less than 10 calendar days prior to the date of the hearing to each property owner or his, her or its agent, as shown on the last equalized assessment roll and its master index update, situated within 300 feet of the property (or properties) which is the subject of the hearing, to the owner(s) of the subject property, and to the applicant or appellant, if other than the owner(s) of the property;
(2) 
Sent by first class mail not less than 10 calendar days prior to the date of the hearing to each person who has filed a written request for the particular notice with the Department of Community Development and deposited a sufficient number of postage paid self-addressed mailing envelopes with the request;
(3) 
Published at least once in a newspaper of general circulation in the City not less than 10 days nor more than 21 days before the date of the hearing;
(4) 
Posted in at least three conspicuous places within 300 feet of the mining property not less than 10 calendar days prior to the date of the hearing.
(Ord. 3136 § 1, 1994)
One form of financial assurances may be substituted for another form, in whole or in part, provided the total approved amount of the assurances is not reduced, the entity providing the new financial assurances is approved by the Director of Community Development and the form of the new assurances is approved by the City Attorney.
(Ord. 3136 § 1, 1994)
The Director of Community Development has the duty, responsibility and authority to do all of the following:
(A) 
Application for Permit. Notify the State Director within 30 days of the filing of each application for a permit with the Department of Community Development.
(B) 
Copy of Permit—Annual Update. Submit to the State Director by July 1st of each year a copy of the permit for each new active or newly idle surface mining operation and any conditions or amendment to each such permit. Once a permit has been submitted to the State Director under this section or chapter, in subsequent years the Director of Community Development shall submit to the State Director by July 1st, a copy of any approved permit or reclamation plan amendment, or a statement there have been no changes during the preceding year.
(C) 
Prior to Approval of Reclamation Plan, Financial Assurances or Amendments Thereof. Submit to the State Director prior to the City's approval thereof, a copy of each reclamation plan, financial assurances or proposed amendment of either, together with, in the case of a reclamation plan, the certification of the Planning Commission required under Section 17-32.072(D) of this chapter. Forward to the operator a copy of any written comments received from the State Director under Section 17-32.072(E) and any response(s) adopted by the Planning Commission.
(D) 
Notification of Completion of Annual Inspection—State Director and Operator. Notify the State Director within 30 days of the City's annual inspection of a mining operation as required by Section 17-32.120 of this chapter. The notice shall contain the materials and information required by subsection 2774(b) of the Act. At the same time, the Director of Community Development shall also notify the operator in accordance with the requirements of the Act.
(E) 
Determinations of Whether Chapter Applies—Subsections 17-32.030(A) and (B).
(1) 
Make written determinations, under the provisions of subsections 17-32.030(A) and (B) in conformity with the definitions contained in this chapter, the Act and the Regulations, as to whether the provisions and requirements of this chapter are applicable or not applicable to a proposed excavation and/or earth moving plan which involves a quantity of not more than 40,000 cubic yards of material being removed from the site.
(a) 
If the plan involves more than 20,000 cubic yards being removed from the site, the Director shall provide notice of any determination made that the provisions and requirements of this chapter are not applicable to the proposed excavation and/or earth moving plan as provided in Section 17-32.192.
(2) 
If a proposed plan involves the removal of more than 40,000 cubic yards of material from the site, the Director of Community Development shall schedule a public hearing on the matter before the Planning Commission, following which the Planning Commission shall make the determination under the provisions of subsections 17-32.030(A) and (B) and the definitions applicable thereto, as to whether the provisions and requirements of this chapter are applicable or not applicable to the proposed excavation and/or earth moving plan.
(3) 
"Site" as used in this subsection (E) means the property or properties upon which a project (other than just the earth moving or excavation activity) is proposed and of which the earth moving or excavation is an element.
(F) 
Determinations of Whether Chapter Applies—Subsections 17-32-030(C) through (F). Make written determinations as to the applicability of this chapter to proposed operations under the criteria set forth in subsections 17-32.030(C) through (F).
(G) 
Review Chapter. Review this chapter at least once each calendar year and make recommendations to the City Council for such revisions as may be necessary to ensure this chapter will continue to be in accordance with state policy or to make the administration of this chapter more effective.
(H) 
Appeals to Board. Act as the representative of the City, with the City Attorney, with respect to any appeal filed with the Board under subsection 2770(e) of the Act.
(I) 
Release Financial Assurances. Release financial assurances as provided in the Act and this chapter.
(J) 
Forfeitures, Implementation of Reclamation Plans and Penalties. With the assistance of the City Attorney, seek forfeiture of financial assurances and proceed with the completion of reclamation plans as provided in the Act and/or this chapter, and impose penalties as provided in the Act.
(K) 
Enforce and administer the provisions of this chapter and the Act and perform such other specific duties as may be assigned to him or her by the City Council to implement the provisions of this chapter.
(Ord. 3136 § 1, 1994)
The Director of Community Development shall provide notice of each determination made by the Director, under Section 17-32.190(E)(1), that the provisions of this chapter are not applicable to a proposed excavation and/or earthmoving plan which involves removing more than 20,000 cubic yards from the site, as follows:
(A) 
The notice shall contain a general identification or depiction of the site involved and its location, a description of the Director's determination, a brief statement of the reason(s) for and/or basis of the determination, and a statement that any interested person may appeal the determination to the Santa Rosa Planning Commission by filing a written appeal with the Department of Community Development, within 10 working days of the date the notice is mailed, which meets the requirements of subsections 17-32.120(C) and (D), which requirements shall be stated in the notice.
(B) 
The notice shall be sent by first class mail to: (1) each property owner or his agent, as shown on the last equalized assessment roll and its master index update, whose property is situated within 300 feet of the site which is the subject of the determination; (2) to the owner(s) of the site; (3) to the applicant, if other than the owner(s) of the property; and (4) to each person who has filed a written request for the particular notice with the Department of Community Development and deposited a sufficient number of postage paid self-addressed mailing envelopes with the request.
(Ord. 3136 § 1, 1994)
A person proposing to operate a surface mining operation which is subject to the requirements of this chapter, in addition to obtaining all approvals required by this chapter, shall also obtain, prior to commencing operations, all other reviews, approvals and permits which may be required by the City for the proposed mining operation. These reviews, approvals and permits may include, but are not limited to, a grading permit and a conditional use permit, as well as project review under the provisions of the California Environmental Quality Act. If such are required, they may be applied for and shall be processed to the extent feasible at the same time and in conjunction with the applications and materials required to be submitted by this chapter. If a conditional use permit is required under the provisions of the zoning code for the proposed operation, the conditional use permit application may be processed first, if such would be in conformity with good administrative processes as determined by the Director of Community Development, but a condition thereof shall require that the applicant obtain the permit and other approvals required under this chapter, if it is determined that the provisions and requirements of this chapter apply to the proposed project or any element thereof.
(Ord. 3136 § 1, 1994)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.
(Ord. 3136 § 1, 1994)