Arcadia Municipal Code Part 2 ; - b

Except as provided in Section 2776 of the Public Resources Code, as amended from time-to-time, no person shall engage or commence to engage in surface mining operations as defined in this Chapter without first obtaining a permit to mine and approval of a reclamation plan, in accordance with the provisions set forth in this Chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. A fee as established for the permitted uses in a City fee resolution shall be paid to the City of Arcadia at the time of filing.

All applications for a Reclamation Plan for surface mining operations shall be made on forms provided by the City Planning Department and as called for by Section 2772 of California Surface Mining and Reclamation Act of 1975. 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 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 has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials 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. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit to the City Planning Department and receive within a period of twenty-four months, approval of a Reclamation Plan for operations to be conducted after January 1, l976, unless a Reclamation Plan was approved by the City of Arcadia prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. 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 prior to, but not after, January 1, 1976. The State Geologist shall be notified of the filing of all permit applications. This Chapter shall be continuously reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation.

The Planning Department shall review the permit application, reclamation plan and appropriate environmental documents and schedule a public hearing within sixty (60) days of the date the Planning Director deems the aforesaid material filed. Said public hearing shall be held by the Planning Commission for the purpose of consideration of the issuance of a permit for the proposed mining operation.

Before a surface mining permit may be granted and before a reclamation plan may be approved, it shall be shown:

1. That the granting of the permit or approval of the plan will not be detrimental to the public health, welfare or safety or injurious to the property in such zone or vicinity.

2. That 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.

3. That the utilization of such permit or implementation of such plan will be in compliance with the Arcadia Municipal Code and will not adversely affect the comprehensive general plan.

4. That such plan or permit will encourage the production and conservation of minerals and will give consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

Written findings of fact shall be made for each approval or denial of a plan or permit.

The approval of any plan or permit may be subject to conditions set forth in the findings of fact. Any plan or permit may be revoked by the same procedure by which it is granted if conditions of approval are not complied with or for violation of any law or regulation.

An appeal of the determination by the Planning Director in the exercise of the authority granted herein may be made to the Planning Commission. Appeal of a Planning Commission decision may be made to the City Council. All appeals must be filed within five (5) working days after a decision and must be accompanied by an appeal fee equal to one-half the amount of the application fee.

Upon a finding by the City of Arcadia that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the Planning 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 Planning Department in a form and with content approved by the City Attorney. Such surety shall be executed in favor of the City of Arcadia and reviewed and revised, 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 approved or amended Reclamation Plan during the succeeding two-year period, or other reasonable term.

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 of Arcadia 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 of Arcadia 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 Arcadia. 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 as amended from time-to-time.

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 Reclamation Plan.

Amendments to an approved Reclamation Plan may be submitted to the City of Arcadia at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the City of Arcadia.

Amendments to an approved Reclamation Plan shall be approved by the same procedure as is prescribed for approval of a Reclamation Plan.

Variances from an approved Reclamation Plan may be allowed upon request of the operator and applicant, if they are not one and the same, and upon a finding by the City of Arcadia that each requested variance is necessary to achieve the prescribed or higher post-mining use of the reclaimed land.

The provisions of this Chapter shall be enforced by any authorized member of the Planning Department of the City of Arcadia or such other persons as may be designated by the Council.

(Chapter 5 of Article IX added by Ord. 1678 adopted 6-5-79)