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)
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.
"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 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)
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)
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)
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)
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)
Applications to amend or revise the scope, requirements or conditions
of an approved permit, reclamation plan or financial assurances may
be filed by an operator and shall be subject to, and processed and
reviewed under the same requirements which would at the time apply
to a new permit application.
(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)