Hanford Municipal Code Ch. 15.53 Surface Mining and Reclamation

A. The city recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety, and property values. 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 therefor may vary accordingly.

B. The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") for surface mining and reclamation practice (California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure that:

1. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which are readily adaptable for alternative land uses.

2. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

3. Residual hazards to the public health and safety are eliminated.

(Ord. 00-07, 2000)

The definitions set forth in this section shall govern the construction of this chapter.

"Area of regional significance"

means an area designated by the State Mining and Geology Board ("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.

"Area of statewide 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.

"Borrow pits"

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

"Compatible land uses"

means land uses inherently compatible with mining and/or that require a minimum 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, recreational, agricultural, silvicultural, grazing and open space.

"Conditional use permit"

means a permit required for surface mines pursuant to the city municipal code, which is required in addition to the reclamation plan and financial assurance plan required by this chapter and SMARA.

"Haul road"

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.

"Idle"

means surface mining operations curtailed for a period of one year or more, by more than 90% of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

"Incompatible land uses"

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.

"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, 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.

"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.

"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/her sole compensation.

"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.

"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.

"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 augur 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, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same), except that the definition of surface mining shall not include any activity or project conducted by the city of Hanford or any person or entity on behalf of the city of Hanford.

(Ord. 00-07, 2000)

The provisions of SMARA (Public Resources Code Section 2710 et seq.), Public Resources Code Section 2207, and state regulations found at Title 14 CCR Section 3500 et seq., as those provisions and regulations 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. When the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

(Ord. 00-07, 2000)

Except as provided in this chapter, no person shall conduct surface mining operations unless a conditional use permit, reclamation plan, and financial assurances for reclamation have first been approved in accordance with the provisions of Chapter 17.58 of the city municipal code. 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 the California Environmental Quality Act ("CEQA," Public Resources Code, Division 13, Sec. 21000 et seq.), the requirement of conditional use permit 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.

This chapter shall not apply to the following activities, subject to the above referenced exceptions:

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. Onsite excavation, onsite earthmoving activities, stockpiling and removal, offsite activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for irrigation, drainage, utilities, swimming pools, athletic fields, septic tanks and leach lines, 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 property, subject to all the following conditions:

1. 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 CEQA.

2. Approval by the city of the construction project including consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

3. The approved construction project is consistent with the general plan or zoning of the site.

C. 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:

1. The plant site is located on lands designated for industrial uses in the city general plan.

2. None of the minerals being processed are being extracted onsite.

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

D. 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 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 board determines to be of an infrequent nature and which involve only minor surface disturbance.

G. The solar evaporation of sea water or bay water for the production of salt 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, restoring damage to property due to imminent or recent floods, disasters or other emergencies.

I.

1. Surface mining operations conducted on lands owned or leased, upon which easements or rights-of-way have been obtained, by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining on land owned or leased, or upon which easements or rights-of-way have been obtained, by the Reclamation Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with, the Department of Conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the Board and adopted pursuant to this chapter. The Department of Conservation shall provide an annual report to the Department of Conservation by the date specified by the Department of Conservation on these mining activities.

2. Nothing in this subsection shall require the Department of Water Resources or the Reclamation Board to obtain a permit or secure approval of a reclamation plan from the city in order to conduct surface mining operations specified in paragraph (I)(1). Nothing in this subsection shall preclude the bringing of an enforcement action pursuant to Public Resources Code Section 2774.1, if it is determined that a surface mine operator, acting under contract with the Department of Water Resources or Reclamation Board on lands other than those owned or leased, or upon easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with this chapter.

3. Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions:

a. The operations are being conducted in accordance with Division 3 of the Public Resources Code (commencing with Section 3000).

b. The operations are consistent with any general plan or zoning provisions applicable to the site.

c. The earthmoving activities are within oil or gas field properties under a common owner or operator.

d. No excavated materials are sold for commercial purposes.

(Ord. 00-07, 2000)

A. No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he/she shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after January 1, 1976.

B. All other requirements of state law and this chapter shall apply to vested mining operations.

(Ord. 00-07, 2000)

A. Applications for surface mines shall be made as part of the application for a conditional use permit and shall comply with and be processed in accordance with the provisions of Chapter 17.58 of the city municipal code. All such applications shall include a proposed reclamation plan and a proposed financial assurance plan and shall be made on forms provided by the city community development department. Said application shall be filed in accordance with this chapter and procedures for filing a conditional use permit pursuant to the city municipal code. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established by the city.

B. As many copies of a reclamation plan as may be required shall be submitted 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 community development department at one time.

C. Applications shall include all required environmental review forms and information prescribed by the city.

D. Upon completion of the environmental review procedure and filing of all documents required by the city, consideration of the conditional use permit, reclamation plan and financial assurance plan for the proposed or existing surface mine shall be completed in accordance with the city municipal code and pursuant to Section 2774 of the Public Resources Code.

E. Within 30 days of the date an application for a conditional use permit for surface mining operations, including a reclamation plan and a financial assurance plan, is deemed as complete by the community department, the community development 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 community development department shall also notify the State Department of Transportation that the application has been received.

F. The community development 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 environmental review guidelines.

G. Subsequent to the appropriate environmental review, the community development department shall prepare a staff report with recommendations for consideration by the city planning commission.

H. The city of Hanford shall hold at least one noticed public hearing on the conditional use permit, Reclamation Plan and Financial Assurance Plan before the city planning commission in accordance with the provisions of Chapter 17.58.

I. Prior to final approval of a reclamation plan or financial assurance plan (as provided in this chapter), or any amendments to an existing reclamation plan or existing financial assurance plan, the city shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance plan complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. In the alternative, the city may conceptually approve the reclamation plan and financial assurance plan before submittal to the State Department of Conservation. If a conditional use permit is being processed concurrently with the reclamation plan, the city may simultaneously also conceptually approve the conditional use permit. However, the city may defer action on the conditional use permit until final action is taken by the State Department of Conservation on the reclamation plan and financial assurance plan. If necessary to comply with permit processing deadlines, the city may conditionally approve the conditional use permit with the condition that the conditional use permit shall not become effective 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 assurance plan by the State Department of Conservation.

Pursuant to Public Resources Code Section 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 plan. The city 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. In particular, when the city'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 city shall be promptly forwarded to the operator/applicant.

J. The city shall then take action to approve, conditionally approve, or deny the conditional use permit, reclamation plan, and the financial assurance plan in accordance with the provisions of Chapter 17.58 and Public Resources Code Section 2770(d).

K. The community development department shall forward a copy of each approved conditional use permit for mining operations, approved reclamation plan, and approved financial assurance plan to the State Department of Conservation. By July 1st of each year, the community development 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. 00-07, 2000)

A. All reclamation plans shall comply with the provisions of SMARA and the state regulations adopted pursuant thereto (see Title 14 CCR Section 3550 et seq.). 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 set forth in Title 14 of the California Code of Regulations.

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 city-wide 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, removal, or fill, as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include (1) the beginning and expected ending dates for each phase; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation.

(Ord. 00-07, 2000)

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the city in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the city for placement in the permanent record.

(Ord. 00-07, 2000)

A. Conditional Use Permits (Site Approvals). In addition to any findings required by the city municipal code, conditional use permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and the state regulations adopted pursuant thereto.

B. Reclamation Plans. For reclamation plans, the following findings shall be required:

1. That the reclamation plan complies with SMARA and with any other applicable provisions of state law.

2. That the reclamation plan complies with applicable requirements of state regulations (see Title 14 CCR Sections 3500-3505, and 3700-3713).

3. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the city general plan and any applicable resource plan or element, and the city municipal code.

4. That the reclamation plan has been reviewed pursuant to CEQA and the city 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 disturbance 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 city general plan, applicable resource plan, and the city municipal code.

7. That 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 position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

(Ord. 00-07, 2000)

A. To ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require as a condition of approval, security which will be released upon satisfactory performance. The applicant may post security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the city and the State Mining and Geology Board as specified in stated 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 payable to the city and the State Department of Conservation.

B. Financial assurances will be required to ensure compliance with elements of the reclamation plan, including, but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

C. Cost estimates for the financial assurance shall be submitted to the community development department for review and approval prior to the operator securing financial assurances. The community development department 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 of Hanford has reason to determine that additional costs may be incurred. The community development department 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 assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professional retained by the operator and approved by the city. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved 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 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.

F. The financial assurance shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H. Revisions to financial assurances shall be submitted to the community development department each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the costs of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain in writing, why revisions are not required.

(Ord. 00-07, 2000)

A. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the city 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 community development department, and shall be processed as an amendment to the reclamation plan. An IMP shall not be considered a project for the purposes of environmental review.

B. Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

C. Upon receipt of a complete proposed IMP, the community development 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 city.

D. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the city and the operator, the city 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 city, to submit a revised IMP. Any revised IMP shall be submitted to the State Department of Conservation for review. The city shall approve or deny the revised IMP within 60 days of receipt.

E. The IMP may remain in effect for a period not to exceed five years, at which time the city 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. 00-07, 2000)

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the community development department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board and prepared pursuant to, and in compliance with, the provisions set forth in Public Resources Code Section 2207. 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. 00-07, 2000)

A. The community development department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 15.53.120, to determine whether the surface mining operation is in compliance with the approved conditional use permit and/or reclamation plan, approved financial assurances, and state statutes and regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil 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 community development department. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

B. The community development department shall notify the State Department of Conservation within 30 days of completion of the inspection that said inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the operator. The operator shall be solely responsible for the cost of such inspection.

(Ord. 00-07, 2000)

If the community development department, 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 conditional use permit, any required 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 the city municipal code for revocation and/or abandonment of a conditional use permit which are not preempted by SMARA.

(Ord. 00-07, 2000)

Any person aggrieved by an act or determination as provided in this chapter, shall have the right to appeal in accordance with Chapter 17.70 of the city municipal code.

(Ord. 00-07, 2000)

The city shall establish such fees as it deems necessary to cover the costs incurred in implementing this chapter and the state statutes and 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 costs of implementing this chapter are borne by the operator.

(Ord. 00-07, 2000)

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 extend possible for consistency with the city general plan.

B. In accordance with Public Resources Code Section 2762, the city 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. 00-07, 2000)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Ord. 00-07, 2000)