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:
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.
means earth, overburden, mine waste or imported material
used to replace material removed during mining.
means the State Mining and Geology Board in the State Department
of Conservation.
mean excavations created by the surface mining of rock, unconsolidated
geologic deposits or soil to provide material (borrow) for fill elsewhere.
means the City of Santa Rosa.
means the Council of the City of Santa Rosa.
means the State Department of Conservation.
means the City's Director of Community Development and includes
his or her designated representatives.
means the State Director of Conservation.
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).
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.
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.
means to bring an existing surface to a designed form by
cutting, filling and/or smoothing operations.
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.
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.
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.
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.
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.
means any person who is engaged in surface mining operations,
or who contracts with others to conduct operations on his, her or
its behalf.
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.
means a surface mining permit required by the provisions
of this chapter.
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.
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.
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.
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.
means the individual holding the office created by section
677 of the Public Resources Code.
means the regulations adopted by the Board under the provisions
of Section 2755 of the Act.
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:
In-place distillation, retorting or leaching;
The production and disposal of mining waste;
Prospecting and exploratory activities;
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;
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)
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.
(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)
