A.
This
chapter is adopted pursuant to the California Surface Mining and Reclamation
Act of 1975 (Public Resources Code 2710 et seq.), hereinafter referred
to as the State Act, and the California Administrative Code Regulations
adopted pursuant thereto (14 Cal. Admin. Code §3500 et seq.),
hereinafter referred to as the State Regulations.
B.
The
City Council finds and declares that the extraction of minerals is
essential to the continued economic well-being of the City and to
the needs of society and the reclamation of mined lands is necessary
to prevent or minimize adverse effects on the environment and to protect
public health and safety.
C.
The
City Council further finds that the reclamation of mined lands, as
provided in this chapter, the State Act, and the State Regulations,
will permit the continued mining of minerals and will provide for
the protection and subsequent beneficial use of the mined and reclaimed
land.
D.
The
City Council further finds 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 therefore, may vary accordingly.
E.
The
City Council further finds that the purpose of the regulation of surface
mining operations is to assure that:
1.
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.
2.
The
production and conservation of minerals are encouraged, while giving
consideration to values relating to recreation, watershed, wildlife,
and aesthetic enjoyment.
3.
Residual
hazards to the public health and safety are eliminated.
(Ord. 4483, 1987)
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 materials present.
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 results from, or is used in, surface mining operations
are located.
include any naturally occurring chemical element or compound,
or groups, elements or 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, tailings, 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,
him or herself, or who contracts with others to conduct operations
on his or her behalf.
includes soil, rock or other materials that lie above the
natural mineral deposit or in between deposits, before or after their
removal, by surface mining operations.
includes any formal authorization from or approval by, the
City, the absence of which would preclude surface mining operations.
means any individual, firm, association, corporation, organization,
or partnership, or any city, county, district, or the state or any
department or agency thereof.
is the process of land treatment that minimizes water degradation,
air pollution, damaged aquatic or wildlife habitat, flooding, erosion,
and other adverse effect 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 creates 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 the State Mining and Geology Board, and the Department
of Conservation, State of California.
is the individual holding office as structured in Section
677 of Article 3, Chapter 2 of Division 1 of the Public Resources
Code.
are 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
incidental 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 mineral wastes; prospecting
and exploratory activities.
(Ord. 4483, 1987)
The provision of the California Surface Mining and Reclamation
Act of 1975 (Public Resources Code Sections 2710 through 2793) and
the California Administrative Code Regulations implementing the Act
(14 Cal. Admin. Code Sections 3500 through 3508), as either may be
amended from time to time, are made part of this section by reference,
as if fully set forth herein.
(Ord. 4483, 1987)
The provisions of this chapter shall apply to the incorporated
areas of the City of Santa Barbara and all lands owned by the City
outside the corporate limits, except as follows:
A.
Excavations
or grading conducted for farming or on-site construction or for the
purpose of restoring land following a flood or natural disaster.
B.
Prospecting
and exploration for minerals of commercial value where less than 1000
cubic yards of overburden is removed in any one location of one acre
or less.
C.
Any
surface mining operation that does not involve either the removal
of a total of more than 1,000 cubic yards of minerals, ores, and overburden,
or involve more than one acre in any location.
D.
Surface
mining operations that are required by federal law in order to protect
a mining claim, if such operations are conducted solely for that purpose.
E.
Such
other mining operations that the City determines to be of an infrequent
nature, and which involve only minor surface disturbances and are
categorically identified by the State Board, pursuant to Sections
2714(d) and 2758(c) of the California Surface and Mining Reclamation
Act of 1975.
(Ord. 4483, 1987)
A.
Unless
exempt by provisions of the State Act or State Regulations, any person
who proposes to engage in surface mining operations, as defined in
this chapter, shall, prior to the commencement of such operations,
obtain (1) a permit to mine and (2) approval of a reclamation plan
in accordance with the provisions set forth in this chapter, the State
Act and the State Regulations.
An application for a permit or for approval of a reclamation
plan for surface mining operations shall be made on forms provided
by the Community Development Department.
B.
A person
who has obtained a vested right to conduct a surface mining operation
prior to January 1, 1976, shall not 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, he or she has in good faith and in reliance upon a permit
or other authorization, if such permit or such other authorization
was required, diligently commenced surface mining operations and incurred
substantial liabilities for work and materials necessary therefore.
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.
A person who claims to have obtained a vested right to conduct
surface mining operations prior to January 1, 1976 shall submit to
the Community Development Department not later than March 31, 1988,
an application for approval of a reclamation plan for operations to
be conducted after January 1, 1976, unless (1) a reclamation plan
was approved by the County of Santa Barbara prior to January 1, 1976,
and (2) the person submitting that plan has accepted responsibility
for reclaiming the mined lands in accordance with that Plan. No provision
of this chapter shall be construed to require the filing of a reclamation
plan or, the reclamation of mined lands, on which surface mining operations
were conducted prior to, but not after January 1, 1976.
C.
The
Community Development Director shall notify the State Geologist of
the filing of all permit applications within 30 days of receipt of
the completed application.
D.
This
chapter shall be periodically reviewed and revised, as necessary,
in order to insure that it is in accordance with the State policy
for mined lands and reclamation.
(Ord. 4483, 1987)
The Community Development Department shall forward the completed
application to the Environmental Analyst for environmental review.
Following completion of the environmental review process, the Community
Development Director shall schedule a public hearing before the Planning
Commission for the purpose of consideration of the issuance of a conditional
use permit for the proposed surface mining operation.
(Ord. 4483, 1987)
On a finding by the Planning Commission that a supplemental
guarantee for the reclamation of the mined land is necessary, and
upon a determination by the Community Development Department of the
cost of the reclamation of the mined land according to the reclamation
plan, a surety bond, lien, or other security guarantee, conditioned
upon the faithful performance of the reclamation plan, shall be filed
with the Community Development Department. Such surety shall be executed
in favor of the City of Santa Barbara and shall be reviewed and revised
as necessary, biannually. Such surety shall be maintained in an amount
equal to the cost of completing the remaining reclamation of the site
as prescribed in the approved or amended reclamation plan during the
succeeding two year period or other reasonable term.
(Ord. 4483, 1987)
Any reclamation plan, report, application, and other document
pursuant to this chapter is a public record unless it can be demonstrated
to the satisfaction of the City that the release of such information
or part thereof, would reveal production, reserves, or rate of depletion
entitled to protection as proprietary information. The City shall
identify such proprietary information as a separate part of each application.
A copy of all permits, reclamation plans, reports, applications and
other documents submitted pursuant to this chapter, including proprietary
information, shall be furnished to the district geologist of the State
Division of Mines and Geology by the City of Santa Barbara. Proprietary
information shall be made available to persons other than the state
geologist only when authorized by the mine operator and by the mine
owner, in accordance with Section 2778, California Surface and Reclamation
Act of 1975.
(Ord. 4483, 1987)
As a condition of approval for the permit or the reclamation
plan or both, a schedule for periodic inspections of the site shall
be established to evaluate continuing compliance with the permit and
the reclamation plan.
(Ord. 4483, 1987)
A.
A proposed
amendment to an approved reclamation plan may be submitted to the
City at any time, detailing proposed changes from the original plan.
Deviation from the original plan shall not be undertaken until such
amendment has been filed with, and approved by, the City.
B.
An
amendment to an approved reclamation plan shall be approved in the
same procedure as is prescribed for approval of the reclamation plan.
C.
Variations
in approved reclamation plans may be allowed upon request of the operator
or applicant upon a finding by the Planning Commission that each such
requested variation is necessary to achieve the prescribed or higher
post-mining use of the reclaimed land.
(Ord. 4483, 1987)
It shall be the duty of the Community Development Director to enforce this chapter. Any person who violates the provisions of this chapter shall be subject to the penalties described in Chapter 1.28 of the Santa Barbara Municipal Code.
(Ord. 4483, 1987)
Any person aggrieved by an act or determination of the Planning Commission in the exercise of the authority granted herein shall have the right to appeal to the City Council pursuant to the provisions of Section 1.30.050 of this code.
(Ord. 4483, 1987; Ord. 5136, 1999)
