The City recognizes that the extraction of minerals is essential
to continued economic well-being of the state and 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. The City also recognizes that surface mining
takes place in diverse areas where the geologic, topographic, climatic,
biological, and social conditions are significantly different and
that reclamation operations and the specifications therefor may vary
accordingly.
The purpose and intent of this chapter is to ensure the continued
availability of important mineral resources, while regulating surface
mining operations as required by California's Surface Mining and Reclamation
Act of 1975 (California
Public Resources Code Section 2710 et seq.)
("SMARA"), and State Mining and Geology Board regulations (California
Code of Regulations, Title 14, Section 3500 et seq.) ("State Regulations"),
to ensure that:
A. Adverse
environmental effects are prevented or minimized and that mined lands
are reclaimed to a usable condition which is readily adaptable for
alternative land uses;
B. The
production and conservation of minerals are encouraged, while giving
consideration to values relating to recreation, watershed, wildlife,
range and forage, and aesthetic enjoyment; and
C. Residual
hazards to the public health and safety are eliminated.
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For purposes of this chapter, the following terms, words and
phrases and their derivations shall have the meanings as defined in
this section:
Area of Regional Significance.
An area designated by the State Mining and Geology Board
which is known to contain a deposit of minerals, the extraction of
which is judged to be of prime importance in meeting future needs
for minerals in a particular region of the state within which the
minerals are located and which, if prematurely developed for alternate
incompatible land uses, could result in the premature loss of minerals
that are of more than local significance.
Area of Statewide Significance.
An area designated by the Board which is known to contain
a deposit of minerals, the extraction of which is judged to be of
prime importance in meeting future needs for minerals in the state
and which, if prematurely developed for alternate incompatible land
uses, could result in the permanent loss of minerals that are of more
than local or regional significance.
Borrow Pits.
Excavations created by the surface mining of rock, unconsolidated
geologic deposits or soil to provide material (borrow) or fill elsewhere.
Conditional Use Permit.
A permit that complies with the requirements of Chapter
16.303 (Conditional Use Permits) and the requirements of the zoning district in which the mining operation is located.
Compatible Land Uses.
Land uses inherently compatible with mining and/or that require
a minimum public or private investment in structures, land improvements,
and which may allow mining because of the relative economic value
of the land and its improvements. Examples of such uses may include,
but shall not be limited to, very low density residential, geographically
extensive but low impact industrial, recreational, agricultural, silvicultural,
grazing, and open space.
Haul Road.
A road along which material is transported from the area
of excavation to the processing plant or stock pile area of the surface
mining operation.
Idle.
Surface mining operations curtailed for a period of one year
or more, 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.
Incompatible Land Uses.
Land uses inherently incompatible with mining and/or that
require public or private investment in structures, land improvements,
and landscaping and that may prevent mining because of the greater
economic value of the land and its improvements. Examples of such
uses may include, but shall not be limited to, high density residential,
low density residential with high unit value, public facilities, geographically
limited but impact intensive industrial, and commercial.
Mined Lands.
The surface, subsurface, and ground water 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.
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.
Operator.
Any person who is engaged in surface mining operations, or
who contracts with others to conduct operations on his/her behalf,
except a person who is engaged in surface mining operations as an
employee with wages as his/her sole compensation.
Reclamation.
The combined 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.
Stream Bed Skimming.
Excavation of sand and gravel from stream bed deposits above
the mean summer water level or stream bottom, whichever is higher.
Surface Mining Operations.
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 include,
but are not limited to, inplace distillation or retorting or leaching,
the production and disposal of mining waste, prospecting and exploratory
activities, borrow pitting, streambed skimming, and segregation and
stockpiling of mined materials (and recovery of same).
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Mine development is encouraged in compatible areas before encroachment
of conflicting uses. Mineral resource areas that have been classified
by the State Department of Conservation's Division of Mines and Geology
or designated by the State Mining and Geology Board shall be protected
from intrusion by incompatible land uses that may impede or preclude
mineral extraction or processing, to the extent possible for consistency
with the City's General Plan.
In accordance with California
Public Resources Code Section
2762, the City's General Plan and resource maps will be prepared to
reflect mineral information (classification and/or designation reports)
within 12 months of receipt from the State Mining and Geology Board
of such information. Land use decisions within the City will be guided
by information provided on the location of identified mineral resources
of regional significance and shall be made in accordance with the
applicable element(s) of the City's General Plan addressing mineral
resources. Conservation and potential development of identified mineral
resource areas will be considered and encouraged. Recordation on property
titles of the presence of important mineral resources within the identified
mineral resource areas may be encouraged as a condition of approval
of any development project in the impacted area. Prior to approving
a use that would otherwise be incompatible with mineral resource protection,
conditions of approval may be applied to encroaching development projects
to minimize potential conflicts.
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No person who obtained a vested right to conduct surface mining
operations prior to January 1, 1976, shall be required to secure a
permit to mine, so long as the vested right continues and as long
as no substantial changes have been made in the operation except in
accordance with SMARA, State regulations, and this chapter. Where
an operator with vested rights has continued surface mining in the
same area subsequent to January 1, 1976, the operator shall obtain
City approval of a reclamation plan covering the mined lands disturbed
by such subsequent surface mining. In those cases where an overlap
exists (in the horizontal and/or vertical sense) between pre- and
post-Act mining, the reclamation plan shall call for reclamation proportional
to that disturbance caused by the mining after the effective date
of the Act (January 1, 1976).
All other requirements of state law and this chapter shall apply
to vested mining operations.
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