Division 2 — PERMIT AND APPLICATION PROCEDURES

(a)

Generally. Applications for a resource extraction permit or resource reclamation plan for surface mining or land reclamation projects shall be accepted only for areas identified as "regionally significant construction aggregate resource areas" on Exhibit CON-1 in the City of Fontana general plan conservation element and in the OS-R (open space resource) general plan land use designation, provided these areas are also zoned for industrial development (M-1 Planned Industrial; M-2 General Industrial). Applications shall be submitted on forms provided by the Planning Division and shall be filed in accordance with this article and any procedures established by the Planning Manager.

(b)

Application information. All documentation for resource extraction permits and resource reclamation plans shall be submitted to the City at one time. The following application information shall be submitted prior to considering a resource extraction permit or resource reclamation plan request:

(1)

A legal description of the entire property to be utilized for extractive use, accessory operations and reclamation, and a detailed plot plan that includes the following:

a.

The boundaries of the entire property drawn to scale and showing contour intervals of not more than five feet, defining the location and showing exterior boundaries of the area to be excavated. The plot plan shall also show the location of any existing structures, easements, watercourses, levees, drainage facilities, underground utilities and roads or improvements adjoining the property.

b.

A vehicular access plan showing all proposed exit routes designed in such a manner as to result in minimum additional vehicular traffic over residential streets.

c.

A topographic map prepared by a registered civil engineer or licensed surveyor or license photometric surveyor, and a complete report of soils and geologic investigation prepared by a registered civil engineer or registered engineering geologist. The topographic map shall be accompanied by a written report setting forth probable volume and depth of overburden and non-usable materials.

d.

A description of the proposed operation in all of its phases, including a phasing plan and schedule showing the approximate start date, the proposed increments of extraction and the sequence in which such increments will be accomplished. The plan shall also show the approximate future locations of any machinery and processing equipment, excluding vehicles that may be moved during the excavation operations. The plan shall also show the location of proposed buildings and structures, processing plants and other appurtenant equipment, areas to be excavated and their approximate depths, storage of topsoil and overburden, stockpiles, points of ingress and egress, driveways, parking areas, and required setbacks, fencing, berms and screen planting. Where operations include the washing of sand and gravel, the estimated daily quantity of water required and its source and disposition shall also be made a part of this description and application materials.

e.

A plan showing the location of proposed protective works, settling basins, desilting ponds and other bodies of water, including a description of the provisions to be taken for the conservation and protection of groundwater, the disposition of drainage and control of erosion.

f.

A statement of the estimated time required to complete the proposed excavation.

g.

An initial study questionnaire and such other environmental documentation that may be required by the City, as outlined in the City's environmental guidelines.

(2)

For resource reclamation plans, as many copies of the application as may be required shall also be submitted in conjunction with all applications for a resource extraction permit. Resource reclamation plan requests shall contain detailed information concerning each of the elements required by state law (Public Resources Code §§ 2772 through 2773), other applicable state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the resource reclamation plan request, including, but not limited to, the following:

a.

A final plan, showing the property as it will be prepared for installation and establishment of the proposed ultimate use;

b.

A phasing plan showing how the area will be incrementally restored to a natural appealing or otherwise usable condition as excavation operations are completed in one area and moved to the next area;

c.

A statement and plan describing the proposed rehabilitation methods and procedures including, but not limited to, the following:

Landscaping plans;

Drainage plans and facilities; and

Slope stability and erosion control plans.

All such plans are to be approved by the Director of Community Development or designee;

d.

An assessment of the effect of implementation of the rehabilitation plan on future mining in the area.

e.

For surface mining operations that are exempt from the resource extraction permit requirements pursuant to this article, a resource reclamation plan shall nevertheless be submitted by the applicant that also includes information concerning the exempt mining activity.

Prior to processing a resource extraction permit and/or resource reclamation plan, the applicant shall provide to the City such fees as may be required by resolution of the City Council of the City of Fontana. In addition to such filing fees as may be established by resolution, the operator shall be responsible for all City costs directly attributable to conduct of the resource extraction operation and any required reclamation. The operator shall enter into an agreement, acceptable in form to the City Attorney that includes, but is not limited to, consideration of the following costs:

(1)

Road bed maintenance and improvements;

(2)

Construction of special aprons/approaches, islands, turn pockets;

(3)

Street sweeping to control dust and gravel;

(4)

Traffic signalization to accommodate truck traffic;

(5)

Operation and maintenance of flood control structures;

(6)

Administrative costs for public hearing notifications, noise monitoring, audits for reclamation assessments, and enforcement costs.

Upon submittal of a complete application for resource extraction permit and/or resource reclamation plan and filing of all environmental documents and all documents required by the Planning Manager, consideration of the resource extraction permit or resource reclamation plan for the proposed surface mining operation or exempt activity shall be completed pursuant to the following:

(1)

The Planning Division shall, within 30 days of receipt of such applications, certify the application requests with regard to completeness in accordance with California Government Code § 65920 et seq. (Permit Streamlining Act). The Planning Division shall process the application(s) in accordance with all requirements of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and the City's environmental review guidelines.

(2)

Within 30 days of acceptance of an application for resource extraction permit and/or resource reclamation plan as complete, the Planning Division 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 Division shall also notify the State Department of Transportation that the application(s) have been received.

(3)

Planning Commission review. The Planning Commission shall hold at least one noticed public hearing on the application for resource extraction permit and/or resource reclamation plan. The Planning Division shall prepare a staff report with recommendations for consideration by the Planning Commission. The staff report shall include, but not be limited to, recommendations concerning the following:

a.

A statement of the recommended intensity of use;

b.

Acceptable accessory uses;

c.

The suitability of the extraction and reclamation proposals; and

d.

Suggested conditions for approval to ensure that the resource extraction use and related accessory uses may be conducted and reclaimed without creating a public nuisance or otherwise adversely affecting the public welfare.

The staff report may recommend denial of the resource extraction permit and/or resource reclamation plan applications if it is determined that the intent of this article cannot be met by the proposed applications.

(4)

Planning Commission approvals.

a.

The Planning Commission shall take action approving, conditionally approving or denying the resource extraction permit. If a resource extraction permit is being processed concurrently with the resource reclamation plan, the Planning Commission may simultaneously also conceptually approve the resource extraction permit. However, the Planning Commission may defer action on the resource extraction permit until taking final action on the resource reclamation plan and financial assurances.

b.

Prior to final approval of a resource reclamation plan, approval of financial assurances (as provided in this article), or any amendments to a resource reclamation plan or existing financial assurances, the Planning Commission shall:

Certify to the State Department of Conservation that the resource reclamation plan and/or financial assurances comply 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 resource reclamation plan and any financial assurances before submittal to the State Department of Conservation.

If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the resource extraction permit with a condition that the planning division shall not issue any required subsidiary permits for mining operations, including grading and/or building permits, 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.

Pursuant to Public Resources Code § 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 assurances. 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's 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.

c.

Once comments are received by the Department of Conservation, and within 30 days of receipt of such comments, the Planning Commission shall then take action to approve, conditionally approve, or deny the resource extraction permit and/or reclamation plan, and to approve the financial assurances pursuant to Public Resources Code § 2770(d).

d.

The decisions of the Planning Commission shall become final unless appealed to the City Council within the time period indicated in Article II, Division 5 of the Fontana Municipal Code.

e.

The Planning Division shall forward a copy of each approved Resource extraction permit and/or approved reclamation plan, and a copy of the approved financial assurance to the State Department of Conservation. By July 1 st of each year, the Planning Division shall submit to the State Department of Conservation for each active or idle mining operation a copy of any resource extraction permit or reclamation plan amendments, as applicable, or a statement that there have been no changes or amendments during the previous year.

(Ord. No. 1906, § 72, 10-25-22)

(a)

Resource extraction permit approvals. Resource extraction permit approvals for surface mining operations may be approved by the Planning Commission, or the City Council on appeal, subject to the following findings:

(1)

The proposed mining operations are consistent with the general plan and the applicable land use zone;

(2)

The site for the intended mining operations is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the mining operations and all required provisions of this chapter including yards, setbacks, walls or fences, landscaping and other applicable regulations of this article herein;

(3)

Adequate streets and highways exist to carry the type and quantity of traffic anticipated by the proposed mining operations and that adequate access to utilities and other services exist;

(4)

The proposed mining operation at the specific location will be compatible with surrounding properties and that there will be no adverse effect to surrounding properties or their permitted uses;

(5)

The proposed mining operations will be organized, designed, constructed, operated, and maintained so as to be compatible with the character of the area as intended by the general plan;

(6)

Any adverse effects upon the surrounding properties are justified by the benefits conferred by the mining operations and those potential adverse effects to the health, safety, and general welfare shall be required to be mitigated in order to minimize such effects. The design and operation requirements contained in Division 3 of this article, herein, shall be considered when reviewing the effects upon surrounding properties;

(7)

The plans and reports submitted incorporate adequate mitigation measures to mitigate probable significant adverse environmental effects of the proposed operation;

(8)

The plans and reports submitted are sufficiently detailed to adequately describe the proposed operation;

(9)

The plan as proposed or amended incorporates adequate mitigation measures to restore the site, excluding abandoned pits and previously mined areas, in a diligent manner to a natural-appearing or otherwise usable condition compatible with adjacent areas; and

(10)

The plans comply with the provisions of SMARA and all state regulations.

(b)

Resource reclamation plans. Resource reclamation plans may be approved by the Planning Commission or City Council on appeal, subject to the following findings:

(1)

The reclamation plan complies with state law as set forth in Public Resources Code § 2772 and § 2773, and any other applicable provisions;

(2)

The reclamation plan complies with applicable requirements of the state regulations contained in the California Code of Regulations §§ 3500—3505, and §§ 3700—3713.

(3)

The resource reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this article as well as the City's general plan and any applicable resource plan or element.

(4)

The resource 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)

The land and/or resources 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 natural resource values.

(6)

The reclamation plan will restore the mined lands to a usable condition readily adaptable for alternative land uses that are consistent with the general plan and applicable resource plans.

(7)

A written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the City's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response addresses, in detail, why specific comments and suggestions were not accepted.