Corona Municipal Code Ch. 19.04 General Provisions

(A) The city recognizes 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 the public health and safety. The city also recognizes 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.

(B) The purpose and intent of this chapter is to regulate, in accordance with SMARA, surface mining operations and the reclamation thereof for protection of the public health, safety or welfare to ensure that:

(1) Subsequent beneficial uses of mined and reclaimed land are promoted and the land is returned to a usable condition;

(2) Values relating to groundwater supply, recreation, watershed, wildlife, range and forage and aesthetic enjoyment are given appropriate consideration in the planning process;

(3) Production and conservation of minerals is encouraged.

(`78 Code, § 19.04.010.) (Ord. 2386 § 1 (part), 1999.)

For the purpose of this title, the following words and terms shall have the meanings set forth herein unless a different meaning is clearly intended from the usage and context.

(A) "Borrow pits" means excavation created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

(B) "CEQA" means the California Environmental Quality Act (Public Resources Code, Division 13, §§ 21000 et seq.)

(C) "City" means the City of Corona.

(D) "Commission" means the Planning Commission of the City of Corona.

(E) "Council" means the City Council of the City of Corona.

(F) "Department of Conservation" means the Department of Conservation, State of California.

(G) "Exploration" means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, prospecting, sampling, assaying, drilling or any surface or underground works needed to determine the type, extent or quantity of minerals present.

(H) "Mined lands" means 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, overburden and areas in which structures, facilities, equipment, machines, tools or other materials or properly which result from, or are used in, surface mining operations are located.

(I) "Minerals" 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.

(J) "Mining waste" means the residual of soil, rock, minerals, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

(K) "Operator" means any person who is engaged in surface mining operations or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.

(L) "Overburden" means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, both before and after removal of the materials by surface mining operations.

(M) "Person" means any individual, firm, association, corporation, organization or partnership or any city, county or district or the state or any department or agency thereof.

(N) "Planning Director" means the Planning Director of the City of Corona.

(O) "Reclamation" 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.

(P) "Reclamation plan" means the plan for reclamation of mined lands required for all surface mining operations which must be filed and approved by the city in accordance with Chapter 19.12 of this code.

(Q) "Stream bed skimming" means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

(R) "Surface mining operations" 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 incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, exploration activities, borrow pitting, stream bed skimming and segregation and stockpiling of mined materials (and recovery of same).

(S) "Surface mining permit" means the permit required for all surface mining operations which must be filed and issued by the city in accordance with Chapter 19.08 of this code.

(T) "SMARA" means California’s Surface Mining and Reclamation Act of 1975 (Public Resources Code §§ 2710 et seq.)

(U) "State Board" means the State Mining and Geology Board of the Department of Conservation, State of California.

(V) "State regulations" means the State Board Regulations for Surface Mining and Reclamation Practice (Cal. Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1, §§ 3500 et seq.)

(`78 Code, § 19.04.020.) (Ord. 2386 § 1(part), 1999.)

The provisions of SMARA and the state regulations, as amended from time-to-time, are made a part of this title by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, except that where the provisions of this title are more restrictive, this title shall prevail.

(`78 Code, § 19.04.030.) (Ord. 2386 § 1(part), 1999.)

The provisions of this title shall apply to all lands within the city, public and private. This title shall not apply to the following activities:

(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) On-site excavation and on-site 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:

(1) All required permits for the construction, landscaping or related land improvements have been issued by the appropriate public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, CEQA and Title 17 of this code;

(2) The city’s approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA and Chapter 15.36 of this code;

(3) The approved construction project is consistent with the General Plan or zoning of the site;

(4) Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended or are no longer being actively pursued.

(C) Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

(1) The plant site is located on lands contained within a General Plan and zoning designation which allows mineral processing or similarly related uses, and the plant operator has applied for and received all required permits and approvals for the construction and operation of the mineral processing facility;

(2) None of the minerals being processed are being extracted on-site;

(3) All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976.

(D) Exploration 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 of one acre or less.

(E) Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

(F) Any other surface mining operations that the State Board determines to be of an infrequent nature and which involve only minor surface disturbances.

(G) The solar evaporation of sea water or bay water for the production of salt and related minerals.

(H) Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies.

(I) 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. This exemption is only available if slope stability and erosion are controlled in accordance with State 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 on-site 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.

(`78 Code, § 19.04.040.) (Ord. 2386 § 1 (part), 1999.)

Except as provided in this chapter, no person who owns, leases or otherwise controls or operates on all, or any portion of, mined lands shall conduct or expand any surface mining operation on such lands unless and until a surface mining permit is issued, a reclamation plan is approved and acceptable reclamation security is posted in accordance with this title. Any applicable exemption from this requirement does not 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 required by the city. The operator of any existing surface mining operation in an area annexed to the city shall, within a reasonable time after such annexation, comply with this section, and until such compliance, all existing permits and reclamation plans for the surface mining operation shall remain in effect and all operations shall be conducted pursuant to the provisions therein.

(`78 Code, § 19.04.050.) (Ord. 2386 § 1 (part), 1999.)

(A) No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a surface mining permit pursuant to the provisions of this title so long as such vested right continues and no substantial change is made in the operations, except as permitted by SMARA, the state regulations and this title. 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 any valid and required permit or other authorization, 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. Any substantial change in the surface mining operation subsequent to the enactment of this title shall require the obtaining of a surface mining permit pursuant to the provisions of this title.

(B) In those cases where an overlap exists (in the horizontal and/or vertical sense) between operations conducted before and after January 1, 1976, the reclamation plan shall call for reclamation proportional to the disturbance caused by mining operations conducted after January 1, 1976. Nothing in this title 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, the effective date of this title.

(`78 Code, § 19.04.060.) (Ord. 2386 § 1 (part), 1999.)

Whenever any surface mining operation or portion thereof which is subject to this title is sold, assigned, exchanged or otherwise transferred, the successor in interest shall be bound by the provisions of this title and any surface mining permit and reclamation plan applicable to the surface mining operation.

(`78 Code, § 19.04.070.) (Ord. 2386 § 1 (part), 1999.)

The city shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this title and the state regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. The fees shall be paid by the operator at such times as determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this title and the state regulations are borne by the operator.

(`78 Code, § 19.04.080.) (Ord. 2386 § 1 (part), 1999.)

Whenever the provisions of this title conflict with any other provisions of the code, the provisions of this title shall prevail.

(`78 Code, § 19.04.090.) (Ord. 2386 § 1 (part), 1999.)

If any section, division, subsection, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title, it being expressly declared that this title or any chapter, section, division, subsection, sentence, clause or phrase thereof would have been adopted, irrespective of the fact that one or more other chapters, sections, divisions, subsections, sentences, clauses or phrases might be declared invalid or unconstitutional.

(`78 Code, § 19.04.100.) (Ord. 2386 § 1 (part), 1999.)

This title shall be periodically reviewed and revised, as necessary, in order to ensure that it is in accordance with state policy regarding the reclamation of mined lands.

(`78 Code, § 19.04.110.) (Ord. 2386 § 1 (part), 1999.)