The following provisions are intended to establish procedures
implementing the Surface Mining and Land Reclamation Act of 1975 (Public
Resources Code Section 2710 et seq.), consistent with the following
policies:
A.
Adverse
environmental effects should be prevented or minimized and mined land
shall be reclaimed to a condition adaptable for alternative land use;
B.
The
production and conservation of minerals are possible, recognizing
the importance of recreation, watershed, wildlife, range, forage,
and aesthetic enjoyment considerations;
C.
Residual
hazards to the public health and safety should be eliminated; and
D.
Regulation
of surface mining and reclamation operations should be appropriate
to the geologic, topographic, climatic, biologic and social conditions
of the specific area being mined.
(Prior code § 159.68.010)
All definitions contained in the Surface Mining and Reclamation
Act of 1975 (Public Resources Code Section 2710 et seq.), are incorporated
herein by reference.
means the State Mining and Geology Board, established pursuant
to Public Resources Code Section 660.
means the search for minerals by geological, geophysical,
geochemical, or other techniques, including, but not limited to, sampling,
assaying, drilling, or any surface or underground works needed to
determine the type, extent, or quantity of mineral present.
means an unattended pit, shaft, portal or other surface opening
which is not secured by covering, fencing, or having access restricted
by gates, doors, or other reasonable means presents a threat to the
physical safety of the public.
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.
means any individual, firm, association, corporation, organization
or partnership, or any city, county, district, or the State or any
department or agency thereof.
means a document(s) delineating the proposed program for
mining and reclaiming operations of all lands to be affected by the
proposed activities.
means the individual holding office as provided in the California
Public Resources Code Section 677.
(Prior code § 159.68.020)
The provisions of this chapter are not applicable to activities
excepted under the provisions of the Surface Mining and Reclamation
Act of 1975.
(Prior code § 159.68.030)
The existence of vested rights, and the application of this
chapter to such rights, shall be determined pursuant to the Surface
Mining and Reclamation Act of 1975.
(Prior code § 159.68.040)
Except as provided in the Surface Mining and Reclamation Act of 1975, any person who proposes to engage in a surface mining activity shall, prior to the commencement of such operations, as defined in this chapter, first, file and obtain approval from the Commission and City Council of a Plan and Conditional Use Permit pursuant to the requirements of this chapter, and Chapter 17.76 (Conditional Use Permits).
(Prior code § 159.68.050)
The plan shall be prepared by the applicant and filed with the
Department for processing. The submitted plan shall include the following
information and documents:
A.
The
name and address of the operator and the names and addresses of any
persons designated as agent(s) for the service of process or notices;
B.
The
anticipated quantity and type of minerals for which the surface mining
operation is to be conducted;
C.
The
proposed dates for the initiation and termination of such operation;
D.
The
maximum anticipated depth of the surface mining operation;
E.
The
size and legal description of the lands that will be affected by such
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 all surface and mineral
interests of such lands;
F.
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;
G.
A
description of the proposed use or potential uses of the land after
reclamation and evidence that all owners of interests in the land
have been notified of the proposed use or potential uses;
H.
A
description of the manner in which reclamation, adequate for the proposed
use or potential uses will be accomplished, including a description
of the manner of control of contaminants and disposal of mining waste
and a description of the manner in which rehabilitation of affected
stream bed channels and stream banks to a condition minimizing erosion
and sedimentation will occur;
I.
An
assessment of the effect of implementation of the plan on future mining
in the area;
J.
A
statement that the person submitting the plan accepts responsibility
for reclaiming the mined lands pursuant to the plan; and
K.
Any
other information which the City may require by ordinance, motion
or resolution.
(Prior code § 159.68.060)
The plan shall be applicable to a specific piece of property
or properties and shall be based upon the character of the surrounding
area and such characteristics of the property as type of overburden,
soil stability, topography, geology, climate, stream characteristics,
and principal mineral commodities.
(Prior code § 159.68.070)
An application fee for the purpose of processing the plan and Conditional Use Permit shall be paid to the City at the time of filing. The amount of the required application fee shall be the same as for a Conditional Use Permit pursuant to Chapter 17.68 (Applications and Fees). The purpose of the fees shall be to defray the costs to the City for review of the submitted plan.
(Prior code § 159.68.080)
Upon completion of the required environmental studies and the filing of all documents required by this Zoning Ordinance, a public hearing will be scheduled for Commission consideration and recommendation regarding the plan and the companion Conditional Use Permit for the proposed or existing surface mining operation pursuant to Chapter 17.104 (Hearings and Appeals).
(Prior code § 159.68.090)
The Commission shall make its recommendation and findings in
writing to the City Council and shall transmit a copy thereof to the
applicant and the City Council.
(Prior code § 159.68.100)
The City Council, after receipt of the Commission’s recommendation
and findings, may either approve, modify or reject the application.
The decision of the City Council shall be final.
(Prior code § 159.68.110)
As a condition of approval for the plan and the companion Conditional
Use Permit, a periodic review schedule shall be established and maintained
to evaluate the compliance with the approved plan.
(Prior code § 159.68.120)
