This chapter is intended to comply with and implement the provisions of the California Surface Mining and Reclamation Act of 1975 as amended (Public Resources Code Section 2710 et seq.), and State Mining and Geology Board regulations for surface mining and reclamation practice. This chapter also establishes additional local standards for surface mining and reclamation. These standards are intended to:
A. 
Ensure the continued economic well-being of the City and the needs of society.
B. 
Ensure that reclamation of mined lands prevents or minimizes adverse environmental effects and are reclaimed to a usable condition that is readily adaptable for alternative land use.
C. 
Protect the public health, safety, and welfare from residual hazards.
D. 
Ensure the production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, and aesthetic enjoyment.
A. 
This chapter shall apply to surface mining and reclamation activities as defined in Part 7 (Definitions).
B. 
In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.
A. 
Surface mining and reclamation may be permitted in the Mining Zone subject to the issuance of a conditional use permit. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.
B. 
Exemptions. The provisions of this chapter shall not apply to any of the following activities:
1. 
Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.
2. 
Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden, in total amounts of less than 1,000 cubic yards in any one location. This exemption shall not apply to any single excavation that is greater than one acre in size.
3. 
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.
4. 
Such surface mining operations that the State Mining and Geology Board finds are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975, because of their infrequent nature and involve only minor surface disturbances.
C. 
Vested Rights. 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 conditional use permit pursuant to the provision 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, such person has, in good faith and in reliance upon a permit or other legal authorization if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work 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 applicant for a mining permit shall submit the following to the Development Services Department in conjunction with the conditional use permit application to mine, pursuant to the provisions of this chapter:
A. 
Mining Plan.
B. 
Reclamation Plan.
C. 
Financial assurances for reclamation in accordance with the provisions set forth in Section 17.39.110 (Inspection).
A. 
Prior to commencing any work pertaining to the extraction, processing, developing, removing or stockpiling of natural resources or minerals, or the construction, reconstruction, moving, conversion, alteration, or addition to any building or structure proposed in conjunction with such use, all buildings and plans shall be subject to review and permits shall be secured in compliance with all provisions of Part 5 (Land Use and Development Approval Procedures), and Public Resources Code Section 2710 et seq.
B. 
The provisions of Chapter 17.15 (Signs) shall apply to sign regulations, advertising, and identification.
A. 
Subsurface mining involving the extraction of subsurface materials or alterations of the natural landscape by excavation, filling, drainage, tiling, ditching, or any other means shall be prohibited except as approved.
B. 
The following non-conforming uses and activities shall be prohibited:
1. 
Commercial, industrial, and other land uses not permitted in the Mining zone.
2. 
Construction of any structure, improvement, or road, except as provided in Sections 17.39.080 through 17.39.100.
3. 
Division of the site into smaller parcels.
4. 
Use of motorized vehicles on the property except in connection with permitted mining and habitat restoration activities.
5. 
Dumping, disposal, incineration, or storage of waste, refuse, sludge, sewage, debris, or inoperable vehicles of any type.
6. 
Installation of utility, cable, or cellular structures on the property.
The provisions of the mining zoning district in which the use is proposed to be located shall apply; provided, further, that the review authority shall establish such conditions and performance standards as may be necessary to protect abutting property and the public health, safety and welfare in accordance with the purpose and intent of this chapter.
A. 
All active mining operations shall adhere to the following performance standards to control erosion and minimize impacts to aquatic systems:
1. 
Provide 100-foot vegetated buffer adjacent to any stream, ditch, or drainage containing trees, shrubs, and grassland to protect surface waters from runoff and containments resulting from mining operations.
2. 
Design settling ponds to accommodate a 25-year, 24-hour rain or flood event and avoid placing settling ponds in sites with steep topography or in buffer areas.
3. 
Inspect site conditions and machinery within 24 hours of each significant rainfall event and implement corrective actions as necessary if erosion or soil runoff is observed.
4. 
Immediately revegetate with endemic herbaceous species any disturbed areas not actively mined.
B. 
All reclamation plans shall include performance standards pursuant to State Mining and Geology Board polices pertaining to each of the following:
1. 
Mitigations for rare, endangered, and/or threatened species pursuant to the California Environmental Quality Act.
2. 
Backfilling, regrading, slope stabilization, and recontouring.
3. 
Revegetation, including the seeding rate, cover standard, and species richness.
4. 
Drainage, diversion structures, waterways and erosion control that are compliant with the Storm Water Pollution and Prevention Plan and the Clean Water Act.
5. 
Buildings and structures that remain on site and why they are necessary.
6. 
Topsoil salvage, maintenance, and redistribution, including estimated quantities, sources, and type and whether they will provide adequate rooting for revegetation.
7. 
Tailings and mine waste management that is compliant with State Water Resources Control Board regulations, National Pollutant Discharge Elimination System permit, and Water Discharge Requirements, as applicable.
A. 
The mining plan shall, to the extent practicable, contain at a minimum the following:
1. 
Indicate the progression of all operations of the facility, indicating time frames for each phase and the estimated life of the operation.
2. 
Show the location of equipment, stockpiles, settling ponds, interim drainage, machinery, wastedumps, and the areas to be mined.
3. 
Indicate the progression of stripping and excavating through the use of cross sections, elevations, and topographic maps.
4. 
Indicate the time lag between mining and reclamation and equipment siting and removal and/or relocation.
5. 
Discuss the method of handling simultaneous excavation and reclamation, if applicable.
6. 
Show the locations of all streams, roads, railroads, sewage disposal systems, water wells, and utility devices and facilities within 500 feet of the site and the location of all proposed access roads to be constructed in conducting the surface mining operation.
7. 
Indicate the type and amount of mineral commodities to be removed, the amount of waste materials to be retained on the site, and the amount of waste materials to be disposed off-site, including the method, route, and location of disposal of said waste materials.
B. 
In addition, should a mining operation become idle (as defined in Public Resources Code Section 2727.1) an interim management plan must be developed pursuant to the requirements set forth in Public Resources Code Section 2770(h).
A. 
A reclamation plan shall comply with all provisions of Public Resources Code Sections 2772 and 2773 and state regulations (Title 14, Chapter 8, Section 3500 et seq. of the California Code of Regulations), and shall include a statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. Reclamation plans approved after January 15, 1993; reclamation plans for proposed new mining operations; any proposed amendments to previously approved reclamation plans determined to be a substantial deviation pursuant to state regulation 14 CCR Section 3502(d); or where an amended reclamation plan is required pursuant to state regulation 14 CCR Section 3502(e); shall also comply with the state regulation requirements for reclamation performance standards (14 CCR Sections 3700 to 3713).
B. 
The 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, climate, stream characteristics, groundwater, and principal mineral commodities; and shall establish site-specific criteria for evaluating compliance with the approved reclamation plan, including topography, revegetation, and sediment and erosion control. The City may impose additional performance standards developed in the review of individual projects, as warranted, or through the formulation and adoption of performance standards. The reclamation plan shall include:
1. 
The name and address of the surface mining operator and the names and addresses of any persons designated by the operator as an agent for the service of process.
2. 
The anticipated quantity and type of minerals for which the surface mining operation is to be conducted.
3. 
A description of and a plan for the type of surface mining to be employed.
4. 
The proposed dates for the initiation and termination of the surface mining operation.
5. 
The maximum anticipated depth of the surface mining operation.
6. 
The size and legal description of the site that will be affected by the surface mining operation.
7. 
The names and addresses of all owners of surface interests and mineral interests in the lands that will be affected by the surface mining operation.
8. 
A description of the general geology of the area and a detailed description of the geology of the area in which surface mining is to be conducted.
9. 
A description of the nature and sequence of reclamation activities, including but not limited to, such items as landscaping, erosion and sediment control, seeding, fill of low pit areas, shaping of pit floors, management of mined and un-mineable deposits, and original, interim, and final rough slopes and grades.
10. 
An anticipated 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.
11. 
A description of the disposition of overburden following its removal, whether sold, disposed of off-site, or stored on-site. If on-site storage is proposed, the anticipated location, aerial extent, and average depth of the stored overburden shall be identified on the reclamation plot plan.
12. 
A description of the source for and nature of all fill, if any, required for reclamation, and verification that all such fill complies with all applicable Regional Water Quality Control Board and California Integrated Waste Management Board regulations pertaining to fill material.
13. 
A description of the manner in which reclamation, adequate for the proposed or potential use(s), will be accomplished, including:
a. 
The manner in which contaminants will be controlled and mining waste disposed.
b. 
The manner in which derelict machinery and scraps will be removed.
c. 
The manner in which affected streambed channels will be rehabilitated to a condition minimizing erosion and sedimentation.
14. 
An assessment of the effect that implementation of the reclamation plan will have upon the site's remaining unmined resources and future mining in the area.
15. 
A description of the proposed or potential use(s) of the mined lands after reclamation and evidence that all owners of possessory interest in the land have been notified of the proposed or potential use(s).
16. 
A discussion of the public health and safety in regards to potential public access to the site in its final condition.
17. 
Criteria for measuring the successful completion of specific reclamation activities.
18. 
A pre-mining operation plot plan, drawn to scale by a California-registered Professional Engineer and/or similarly licensed and qualified professional, showing the boundaries and topographic details of the site; the location of all streams, roads, railroads, and utility facilities within or adjacent to the lands; and the location of all proposed access roads to be constructed in conducting the surface mining operation.
19. 
Describe the methods to be used to ensure that the site will contain stable waste piles and slopes.
20. 
Plot plans for each reclamation phase, if any, drawn to scale by a California-registered Professional Engineer and/or similarly licensed and qualified professional.
21. 
A post-reclamation plot plan drawn to scale by a California-registered Professional Engineer and/or similarly licensed and qualified professional, showing the ultimate physical condition of the site, including but not limited to, the following information:
a. 
Boundaries of areas to be reclaimed, including acreage.
b. 
Post-reclamation drainage, including direction of flows and erosion and sediment control structures or treatment such as water bars, berms, siltation ponds, and diversions.
c. 
Revegetation plan, including the names of plant species, size, area, and spacing of plants.
d. 
Reclaimed ground surface elevation contours, at an appropriate vertical scale.
e. 
All surface openings closed through reclamation.
f. 
Buildings structures and equipment to be either dismantled and removed from the site or to remain on site and be consistent with the end use.
g. 
Post-mining safety features (e.g., fences, gates, signs).
C. 
Reclamation activities shall be initiated at the earliest feasible 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.
A. 
Annual inspections and reports of reclamation activities shall be required of all operations, active and idle, as a condition of a conditional use permit or for all vested mining operations, as follows:
1. 
The operator shall submit a completed copy of the mining operator's annual report upon forms furnished by the State Board to the Public Works Department at least 30 days before the first day of July each year, pursuant to Public Resources Code Section 2207. Unless modified by the Planning Commission at the time of the granting of a conditional use permit pursuant to this chapter, each operator shall apply for an inspection permit from the Public Works Director at least once in each calendar year. Such inspection shall be conducted using a form provided by the State Department of Conservation for that purpose, and shall be conducted no later than 6 months after receiving the surface mining operation's annual report submitted pursuant to Section 2207 of the Public Resources Code.
2. 
If the operator fails to file a report as required by this section, the Development Services Director shall commence proceedings to revoke the mining permit, if any, in the same manner as specified in Section 17.45.100 (Permit Revocation or Modification) of this Zoning Ordinance.
3. 
The Public Works Director shall conduct the inspection of each mining operation to determine whether the surface mining operation is in compliance with the mining permit, reclamation plan, mining use permit if required, and with the spirit and intent of this chapter and the State regulations, and the provisions thereof. The mining operator shall be solely responsible for the reasonable cost of the inspection. The Public Works Department shall notify the state geologist within 30 days of completion of the inspection that the inspection has been conducted. The annual inspection report shall state if surface mining operations have or have not commenced. If surface mining operations have not commenced at the time of the annual inspection, the annual inspection report shall state in full all pertinent activities undertaken in preparation for the commencement of operations. This section does not preclude the City from requiring additional inspections for the purpose of ensuring appropriate environmental protection, granting of a conditional use permit, or in conformance with the City-approved reclamation plan.
B. 
No revised reclamation plan prepared pursuant to this section shall be acceptable unless it is so structured that the goals of the original reclamation plan will be met within a reasonable period of time. A revised reclamation plan and financial assurances shall be reviewed by the state geologist prior to approval by the Planning Commission.
C. 
Financial Assurances. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the City or State Department of Conservation may need to contract with a third-party commercial company for reclamation of the site. All operators, including idle mining operators, shall be required to provide financial assurances to ensure the reclamation is performed in accordance with the surface mining operation's approved reclamation plan and within the time limits of said plan, as follows:
1. 
The mine operator or applicant shall annually submit to the Public Works Director a good faith calculation estimating the financial assurance amount for reclamation, based on the requirements of Public Resources Code Section 2773.1, the State's Financial Assurance Guidelines, and state regulations 14 CCR Section 3804. Such estimates shall be prepared by a California-registered Professional Engineer and/or other similarly licensed or qualified professionals retained by the operator. The estimated amount of the financial assurance shall be based on an analysis of the physical activities necessary to implement the approved reclamation plan, including but not limited to, the costs to a commercial operator other than the permittee of labor, equipment, mobilization of equipment, materials, any maintenance and/or monitoring of reclaimed areas as may be required, the reasonable profit and costs for administration by a commercial operator other than the permittee, and the administrative costs of the state or City to oversee implementation of the reclamation plan. The annual financial assurance cost estimate shall account for inflation and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year. If the mine operation is phased and the operator provides a phasing program, financial assurances can be based on each specific phase.
2. 
The financial assurance necessary for the reclamation of the mined land may take the form of surety bonds, irrevocable letters of credit, trust funds, or other forms of financial assurances as specified by the State Mining and Geology Board through the regulatory process. The financial assurance shall be submitted to the Public Works Director for review and approval. Such surety shall be executed in favor of the city and the state geologist and shall be reviewed and revised by the Public Works Director annually, or as necessary. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the reclamation plan. The amount of such surety shall be adjusted annually according to the construction cost index and/or to account for new lands disturbed by the operator's inflation and/or reclamation of lands accomplished in accordance with the City's approved reclamation plan.
3. 
Unless otherwise directed by the review authority, a revised reclamation plan or the development of an interim management plan, pursuant to Public Resources Code Section 2770(h), shall not be accepted for review by the City unless it is accompanied by financial assurances equal to the cost of completing the reclamation ordered by the plan. The financial assurance shall not be released or reduced until the revised reclamation plan has been completed to the satisfaction of the Public Works Director.
4. 
The Public Works Director shall forward a copy of the annual financial assurance estimate to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of receipt of the estimate, it shall be assumed that the estimate is adequate, unless the City has reason to determine that additional costs may be incurred.
5. 
The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance and/or monitoring required).
D. 
Public Records. Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records 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 deletion 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 the chapter, including proprietary information, shall be furnished to the state geologist, Department of Conservation, by the City. 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 of the Public Resources Code.
E. 
Transfer of Operation. Whenever any surface mining operation or portion of any operation subject to the provisions of this chapter is sold, assigned, conveyed, exchanged, or otherwise transferred, the successor in interest shall be bound by the provisions of any reclamation plan approved in accordance with the provisions of this chapter. In addition, financial assurances are transferable pursuant to the criteria set forth in the Public Resources Code 2773.1(h).
F. 
Plan and Permit Checking Fees and Inspection Charges. Plan and permit checking fees and inspection charges for services provided by the city under this section shall be set from time to time by resolution of the City Council.