For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
means 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.
means 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.
means excavations created by the surface mining of rock,
unconsolidated geologic deposits or soil to provide material (borrow)
for fill elsewhere.
means land uses inherently compatible with mining and/or
that require a minimum of 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, recreation, agricultural,
silvicultural, grazing, and open space.
means a road along which material is transported from the
area of excavation to the processing plant or stockpile area of the
surface mining operation.
means to curtail for a period of one year or more surface
mining operations by more than 90% of the operations previous maximum
annual mineral production, with the intent to resume those surface
mining operations at a future date. (SMARA, Sec. 2727.1)
means 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.
means 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.
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. (State Regulations, Sec. 3501) For the purpose of this
chapter, minerals shall also include, but not be limited to, sand,
gravel, cinders, diatomaceous earth, shale, limestone, flagstone,
decorative stone, and riprap.
means any person who is engaged in surface mining operations
or who contracts with others to conduct operations on his or her behalf,
except a person who is engaged in surface mining operations as an
employee as his or her sole compensation.
means soil, rock, or other materials that lie above a natural
mineral deposit or in between mineral deposits, before or after their
removal by surface mining operations. (SMARA, Sec. 2732)
means any individual, firm, association, corporation, organization,
or partnership, limited liability company, or any city, county, district,
or the state or any department or agency thereof. (State Regulations,
Sec. 3501)
means 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.
means excavation of sand and gravel from stream bed deposits
above the mean summer water level or stream bottom, whichever is higher.
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
incidental to an underground mine. Surface mining operations shall
include, but are not limited to:
shall also include the creation of borrow pits, stream bed
skimming, segregation and stockpiling of mined materials (and recovery
of same). (State Regulations, Sec. 3501)
(Prior code § 197.01)
The provisions of the California Surface Mining and Reclamation
Act of 1975 (P.R.C. Sec. 2710 et seq.), P.R.C. Section 2207, and the
California Code of Regulations implementing the Act (14 Cal. Admin.,
Sec. 3500 et seq.), hereinafter referred to as the "state regulations,"
as either may be amended from time to time, are made a part of this
chapter by reference with the same force and effect as if the provisions
therein were specifically and fully set out herein, excepting that
when the provisions of this chapter are more restrictive than related
state (or city) provisions, this chapter shall prevail.
(Prior code § 197.02)
Except as provided in this chapter, no person shall conduct
surface mining operations unless the city has first approved a permit,
reclamation plan, and financial assurances for reclamation. Any applicable
exemption from this requirement does not automatically exempt a project
or activity from the application of other regulations, ordinances
or policies of the city, including, but not limited to, the application
of CEQA, the requirement of site approvals or other permits, the payment
of development impact fees, or the imposition of other dedications
and exactions as may be permitted under the law. The provisions of
this chapter shall apply to all lands within the city, public and
private.
(Prior code § 197.03)
Unless exempted by provisions of this chapter, an approved conditional use permit as provided under Chapter 17.112, shall be required for all surface mining operations in all zoning districts in which surface mining is allowed; and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been thereby approved, including any operation which meets the definition of a nonconforming use pursuant to Chapter 17.116 of this code.
(Prior code § 197.04)
A.
Requirement.
A reclamation plan shall be required for all surface mining operations
in all zoning districts in which surface mining is allowed, as well
as for those portions of existing surface mining operations conducted
after January 1, 1976. 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
legally and in compliance with all applicable county regulations prior
to January 1, 1976, and where such lands have not since been disturbed
by later mining operations.
B.
Exemptions.
A reclamation plan shall not be required for any of the following
activities.
1.
Excavations
or grading conducted for farming or onsite construction or for the
purpose of restoring land following a flood or natural disaster; (SMARA,
Sec. 2714(a))
2.
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:
a.
All required permits for the construction, landscaping, or related
land improvements have been approved by a public agency in accordance
With applicable provisions of state law and locally adopted plans
and ordinances, including, but not limited to, the California Environmental
Quality Act (CEQA, Public Resources Code, Division 13, 21000 et seq.)
b.
The city's approval of the construction project included consideration
of the onsite excavation and onsite earthmoving activities pursuant
to CEQA.
c.
The approved construction project is consistent with the general
plan or zoning of the site.
d.
Surplus materials shall not be exported from the site unless and
until actual construction work has commenced and shall cease if it
is determined those construction activities have terminated, have
been indefinitely suspended, or are no longer being actively pursued;
3.
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:
a.
The plant site is located on lands designated for industrial or commercial
uses in the Lathrop General Plan.
b.
The plant site is located on lands zoned industrial or commercial,
or is contained within a zoning category intended exclusively for
industrial activities by the city.
c.
None of the minerals being processed are being extracted onsite.
d.
All reclamation work has been completed pursuant to the approved
reclamation plan for any mineral extraction activities that occurred
onsite after January 1, 1976;
4.
Prospecting
for, or the extraction of, mineral for commercial purposes and the
removal of over-burden in total amounts of less than 1,000 cubic yards
in any one location of one acre or less; (SMARA, Sec. 2714(d))
5.
Surface
mining operations that are required by federal law in order to a mining
claim, if such operations are conducted solely for that purpose; (SMARA,
Sec. 2714(e))
6.
Such
other surface mining operations which the State Mining and Geology
Board determines to be of an infrequent nature and which involve only
minor surface disturbances; (SMARA, Sec. 2714(f))
7.
The
solar evaporation of sea water or bay water for the production of
salt and related minerals;
8.
Emergency
excavations or grading conducted by the Department of Water Resources
or the Reclamation for the purpose of averting, alleviating, repairing,
or restoring damage to property due to imminent or recent floods,
disasters, or other emergencies;
9.
Road
construction and maintenance for timber or forest operations if the
land is owned by the same person or entity, and if the excavation
is conducted adjacent to timber or forest operation roads. The exemption
is only available if slope stability and erosion are controlled in
accordance with board regulations and upon closure of the site, the
person closing the site implements, where necessary, revegetation
measures and post closure uses in consultation with the Department
of Forestry and Fire Protection. This exemption does not apply to
onsite excavation or grading that occurs within 100 feet of a Class
One watercourse or 75 feet of a Class Two watercourse, or to excavations
for materials that are, or have been sold for commercial purposes.
(Ord. 98-160)
A.
Applications
for a conditional use permit or reclamation plan for surface mining
or land reclamation projects shall be made on forms provided by the
planning department. The application shall be filed in accordance
with this chapter and procedures to be established by the community
development director or the city manager's designee. The forms for
reclamation plan applications shall require, at a minimum, each of
the elements required by SMARA (2772-2773) and state regulations,
and any other requirements deemed necessary to facilitate an expeditious
and fair evaluation of the proposed reclamation plan.
B.
Fifteen
copies of a proposed reclamation plan shall be required for submittal
in conjunction with all applications for conditional use permits for
surface mining operations. For surface mining operations that are
exempt from a conditional use permit pursuant to this chapter, the
reclamation plan application shall include information concerning
the mining operation that is required for processing the reclamation
plan. All documentation for the reclamation plan shall be submitted
to the city at one time. Applications shall include all required environmental
review forms and information prescribed by the community development
director or the city manager's designee.
C.
The
department will 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 deficient. Resubmittal of the revised application
shall start a new review time frame.
D.
Within
30 days of acceptance of an application for a conditional use permit
for surface mining operations and/or a reclamation plan as complete,
the planning department shall notify the State Department of Conservation
of the filing of the application(s). Whenever mining operations are
proposed in the 100 year flood plain 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 planning department shall also notify
the State Department of Transportation that the application has been
received.
E.
The
planning department shall process the application(s) through environmental
review pursuant to the California Environmental Quality Act (Public
Resources Code Sections 21000 et seq.) and the city's environmental
review guidelines.
F.
Subsequent
to the appropriate environmental review, the planning department shall
prepare a staff report with recommendations for consideration by the
planning commission.
G.
The
planning commission shall hold at least one noticed public hearing
on the conditional use permit and/or reclamation plan. The planning
commission will make recommendation by resolution to the city council,
who will ratify, amend, or deny the application.
H.
1.
Prior
to final approval of a reclamation plan, financial assurances (as
provided in this chapter), or any amendments to the reclamation plan
or existing financial assurances, the planning commission shall certify
to the State Department of Conservation that the reclamation plan
and/or financial assurance complies with the applicable requirements
of state law, and submit the plan, assurance, or amendments to the
State Department of Conservation for review. The planning commission
may conceptually approve the reclamation plan and financial assurance
before submittal to the State Department of Conservation. If a conditional
use permit is being processed concurrently with the reclamation plan,
the planning commission may simultaneously also conceptually approve
the conditional use permit. However, the planning commission may defer
action on the conditional use permit until taking final action on
the reclamation plan and financial assurances. If necessary to comply
with permit processing deadlines, the planning commission may conditionally
approve the conditional use permit with the condition that the planning
department shall not issue the conditional use permit for the mining
operations until cost estimates for financial assurances have been
reviewed by the State Department of Conservation and final action
has been taken on the reclamation plan and financial assurances.
2.
Pursuant
to PRC 2774(d), the State Department of Conservation shall be given
30 days to review and comment on the reclamation plan and 45 days
to review and comment on the financial assurance. The planning commission
shall evaluate written comments received, if any, from the State Department
of Conservation during the comment periods. Staff shall prepare a
written response describing the disposition of the major issues raised
by the state for the planning commission's approval. In particular,
when the planning commission position is at variance with the recommendations
and objections raised in the state's comments, the written response
shall address, in detail, why specific comments and suggestions were
not accepted. Copies of any written comments received and responses
prepared by the planning commission shall be promptly forwarded to
the operator/applicant.
I.
The
planning commission shall then take action to approve, conditionally
approve, or deny the conditional use permit and/or reclamation plan,
and to approve the financial assurances pursuant to PRC 2770(d).
J.
The
planning department shall forward a copy of each approved conditional
use permit for mining operations and/or approved reclamation plan,
and a copy of the approved financial assurances to the State Department
of Conservation. By July 1st of each year, the, planning department
shall submit to the State Department of Conservation for each active
or idle mining operation a copy of the conditional use permit or reclamation
plan amendments, as applicable, or a statement that there have been
no changes during the previous year.
(Ord. 98-160; Ord. 10-298 § 1)
A.
All
reclamation plans shall comply with the provisions of SMARA (2772
and 2773) and State Regulations (CCR 3500-3505). Reclamation plans
approved after January 15, 1993, reclamation plans for proposed new
mining operations, and any substantial amendments to previously approved
reclamation plans shall also comply with the requirements for reclamation
performance standards (CCR 3700-3713).
B.
The
city may impose additional performance standards as developed either
in review of individual projects, as warranted, or through the formulation
and adoption of citywide performance standards.
C.
Reclamation
activities shall be initiated at the earliest possible time on those
portions of the mined lands that will not be subject to further disturbance.
Interim reclamation may also be required for mined lands that have
been disturbed and that may be disturbed again in future operations.
Reclamation may be done on an annual basis, in stages compatible with
continuing operations, or on completion of all excavation, remove
or fill, as approved by the city. Each phase of reclamation shall
be specifically described in the reclamation plan and shall include:
(Ord. 98-160)
The person submitting the reclamation plan shall sign a statement
accepting responsibility for reclaiming the mined lands in accordance
with the reclamation plan. The planning department shall keep the
statement in the mining operation permanent record. Upon sale or transfer
of the operation, the new operator shall submit a signed statement
of responsibility to the planning department for placement in the
permanent record.
(Ord. 98-160)
A.
In
addition to the findings for approval of conditional use permits contained
in this chapter, approval of conditional use permits for surface mining
operations shall include a finding that the project complies with
the provisions of state regulations.
B.
For
reclamation plans, the following findings shall also be required:
1.
That
the reclamation plan complies with Sections 2772, 2773 and 2773.1
of SMARA and any other applicable provisions;
2.
That
the reclamation plan complies with applicable requirements of the
state regulations (14 Cal Admin. Sec. 3500 et seq.);
3.
That
the reclamation plan and potential use of reclaimed land pursuant
to the plan are consistent with this chapter and the city's general
plan and any applicable resource plan or element;
4.
That
the reclamation plan has been reviewed pursuant to CEQA and the city's
environmental review guidelines, and all significant adverse impacts
from reclamation of the surface mining operations are mitigated to
the maximum extent feasible;
5.
That
the land and/or resources such as water bodies to be reclaimed will
be restored to a condition that is compatible with and blends in with
the surrounding natural environment, topography, and other resources,
or that suitable off-site development will compensate for related
disturbances to resource values;
6.
That
the reclamation plan will restore the mined lands to a usable condition
which is readily adaptable for alternative land uses consistent with
the general plan and applicable resource plan;
7.
That
a written response to the Director of Department of Conservation has
been prepared, describing the disposition of major issues raised by
the Director of Department of Conservation. Where the city's position
is at variance with the recommendations and objections raised by the
Director, the response shall address, in detail, why specific comments
and suggestions were not accepted.
(Ord. 98-160)
A.
In
order to ensure that reclamation will proceed in accordance with the
approved reclamation plan, the city shall require as a condition of
approval one or more forms of security which will be released upon
satisfactory performance. The applicant may post security in the form
of a corporate surety bond, trust fund, irrevocable letter of credit
from an accredited financial institution, a certificate of time deposit
as part of an approved trust fund, or other method acceptable to the
city and the State Mining and Geology Board as specified in statewide
regulations adopted by the Mining and Geology Board, as specified
in state regulations, and which the city reasonably determines are
adequate to perform reclamation in accordance with the surface mining
operation's approved reclamation plan. Financial assurances shall
be made jointly payable to the city and the State Department of Conservation.
B.
Financial
assurances shall be required and be sufficient to ensure compliance
with elements 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. The planning department shall monitor financial assurances
for such elements of the plan.
C.
Cost
estimates for the financial assurance shall be submitted to the planning
department for review and approval prior to the operator securing
financial assurances. The community development director or the city
manager's designee shall forward a copy of the cost estimates, together
with any documentation received supporting the amount of the cost
estimates, to the State Department of Conservation for review. If
the State Department of Conservation does not comment within 45 days
of receipt of these estimates, it shall be assumed that the cost estimates
are adequate, unless the city has reason to determine that additional
costs may be incurred. The planning director shall have the discretion
to approve the financial assurance if it meets the requirements of
this chapter, SMARA, and state regulations.
D.
The
amount of the financial assurances shall be based upon the estimated
costs of reclamation for each year or phase stipulated in the reclamation
plan, including any maintenance of reclaimed areas as may be required.
Cost estimates shall be prepared by a California registered professional
engineer and/or other qualified professionals retained by the operator
and approved by the community development director or the city manager's
designee. Financial assurances may be based upon estimates including,
but not necessarily limited to the volume of earth moved (cubic yards)
for each year or phase of reclamation. Financial assurances to ensure
compliance with revegetation, restoration of water bodies, restoration
of aquatic or wildlife habitat, and any other applicable element of
the reclamation plan shall be based upon cost estimates that include
but may not be limited to labor, equipment, materials, mobilization
of equipment, administration, and reasonable profit by a commercial
operator other than the permittee. A contingency factor of 10% shall
be added to the cost of financial assurances.
E.
In
projecting the costs of financial assurances, it shall be assumed
without prejudice or insinuation that the surface mining operation
could be abandoned by an operator and, consequently, the city may
need to contract with a third-party commercial company for reclamation
of the site.
F.
Where
reclamation is accomplished in annual increments, the amount of financial
assurances required for any one year shall be adjusted annually and
shall be adequate to cover the full estimated costs for reclamation
of any land projected to be in a disturbed condition from mining operations
by the end of the following year. 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 succeeding year. Financial assurances for all subsequent years
of the operation shall be handled in the same manner.
G.
Financial
assurances for reclamation that is accomplished in multiple-year phases
shall be handled in the same manner as described for annual reclamation.
(Ord. 98-160; Ord. 10-298 § 1)
A.
Within
90 days of a surface mining operation becoming idle, the operator
shall submit to the planning department a proposed interim management
plan (IMP). The proposed IMP shall fully comply with the requirements
of SMARA, including, but not limited to, all conditional use permit
conditions, and shall provide measures the operator will implement
to maintain the site in a stable condition, taking into consideration
public health and safety. The proposed IMP shall be submitted on forms
provided by the planning department, and shall be processed as an
amendment to the reclamation plan. IMPs shall not be considered a
project for the purpose of environmental review.
B.
Financial
assurances for idle operations shall be maintained as though the operation
was active, or as otherwise approved through the idle mines IMP.
C.
Upon
receipt of a complete proposed IMP, the planning department shall
forward the IMP to the State Department of Conservation for review.
The IMP shall be submitted to the State Department of Conservation
at least 30 days prior to approval by the planning commission.
D.
Within
60 days of receipt of the proposed IMP, or a longer period mutually
agreed upon by the community development director or the city manager's
designee and the operator, the planning commission shall review and
approve or deny the IMP in accordance with this chapter. The operator
shall have 30 days, or a longer period mutually agreed upon by the
operator and the community development director or the city manager's
designee, to submit a revised IMP. The planning commission shall approve
or deny the revised IMP within 60 days of receipt. If the planning
commission denies the revised IMP, the operator may appeal that action
to the city council.
E.
The
IMP may remain in effect for a period not to exceed five years, at
which time the planning commission may renew the IMP for another period
not to exceed five years, or require the surface mining operator to
commence reclamation in accordance with its approved reclamation plan.
(Ord. 98-160; Ord. 10-298 § 1)
Surface mining operators shall forward an annual surface mining
report to the State Department of Conservation and to the city planning
department on a date established by the State Department of Conservation,
upon forms furnished by the State Mining and Geology Board. New mining
operations shall file an initial surface mining report and any applicable
filing fees with the State Department of Conservation within 30 days
of permit approval, or before commencement of operations, whichever
is sooner. Any applicable fees, together with a copy of the annual
inspection report, shall be forwarded to the State Department of Conservation
at the time of filing the annual surface mining report.
(Ord. 98-160)
A.
The
planning department shall arrange for inspection of a surface mining
operation within six months of receipt of the annual report required
in Section 7.96.120 to determine whether the surface mining operation
is in compliance with the approved site approval and/or reclamation
plan, approved financial assurances, and state regulations. In no
event shall less than one inspection be conducted in any calendar
year. The inspections may be made by a state-registered geologist,
state-registered engineer, state-licensed landscape architect, or
state-registered forester, who is experienced in land reclamation
and who has not been employed by the mining operation in any capacity
during the previous 12 months, or other qualified specialists, as
selected by the planning director. All inspections shall be conducted
using a form approved and provided by the State Mining and Geology
Board.
B.
The
planning department shall notify the State Department of Conservation
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 cost of such inspection.
(Ord. 98-160)
The time limit for commencing a surface mining operation that is permitted pursuant to this section shall be as provided in Chapter 17.112.
(Ord. 98-160)
If the planning director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable permit and/or the reclamation plan, the city shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties as well as those provisions of Titles 15 and 16 of this code for revocation and/or abandonment of a conditional use permit which are not preempted by SMARA.
(Ord. 98-160)
Any person aggrieved by an act or determination of the planning
department in the exercise of the authority granted herein shall have
the right to appeal to the city council. An appeal shall be filed
on forms provided, within 10 calendar days after the rendition, in
writing, of the appealed decision.
(Ord. 98-160)
The city shall establish such fees as it deems necessary from
time to time by resolution, to cover the reasonable costs incurred
in implementing this chapter and the state regulations, including,
but not limited to, processing of applications, annual reports, inspections,
monitoring, enforcement and compliance. Such fees shall be paid by
the operator, as required by the city, at the time of filing of the
conditional use permit application, reclamation plan application,
and at such other times as are determined by the city to be appropriate
in order to ensure that all reasonable costs of implementing this
chapter are borne by the mining operator.
(Ord. 98-160)
A.
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, as well as existing
surface mining operations that remain in compliance with the provisions
of this chapter, 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 Lathrop general plan.
B.
In
accordance with PRC 2762, the Lathrop general plan and resource maps
will be updated 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. 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.
(Ord. 98-160)
