Title 9 — PLANNING AND ZONING

CHAPTER 1. - MOBILE HOME PARKS

Article 1. - Conversion of Mobile Home Parks to Other Uses

Sec. 9-1.101. - Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

(a)

"Change of use" means a use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile homes for human habitation. "Change of use" includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the park are to be sold, and the cessation of use of all or a portion of the park, whether immediately or on a gradual basis, or the closure of the park. "Change of use" shall not include mere purchase of the park by its existing residents.

(b)

"Commercial coach" shall mean a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial uses and shall include a trailer coach as defined in Section 635 of the Vehicle Code.

(c)

"Comparable housing" shall mean housing which is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the State Uniform Housing Code.

(d)

"Comparable mobile home park" means any other mobile home park substantially equivalent in terms of park condition, amenities and other relevant factors.

(e)

"Date of application for change of use" means the date of filing of an application for rezoning, General Plan amendment, use permit, site development permit or other discretionary development approval under Titles

9 or 10 of this Code, which application seeks approval of a change of use of a mobile home park.

(f)

"Eligible mobile home owner" means a mobile home owner whose mobile home was located in a mobile home park on the earlier of the following:

(1)

The date of application for a change of use;

(2)

The date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 9-1.104 if such notice was filed.

(g)

"Homeowner" means the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental agreement.

(h)

"Mobile home" means:

(1)

A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35970 of the Vehicle Code.

(2)

A mobile home, as defined in Section 18008 of the Health and Safety Code; or

(3)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(i)

"Mobile home" does not include:

(1)

A recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code;

(2)

A commercial coach; or

(3)

Factory-built housing, as defined in Section 19971 of the Health and Safety Code.

(j)

"Mobile home park" means an area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation, including areas of land zoned or otherwise approved for use as a mobile home park pursuant to this Code.

(k)

"Mobile home site" is an area within a mobile home park shown as being occupied by or designated for occupancy by an individual mobile home.

(l)

"Mobile home tenant" is a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home owner.

(m)

"Resident" means a person lawfully residing in a mobile home park, and includes a mobile home owner, mobile home tenant or member of the immediate household of the mobile home owner or mobile home tenant.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.102. - Duty of Director of Community Development and Services to maintain list of housing specialists.

The Director of Community Development and Services shall compile and maintain a list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be familiar with the region's housing market and qualified to assist residents in locating replacement housing, to render financial advice on qualifying for various housing types, to explain the range of housing alternatives available, to gather and present to persons needing housing relocation assistance adequate information as to available housing, and shall be able to transport persons unable to drive to housing alternatives.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.103. - Conversion impact report: Data on homeowners and mobile home tenants: Duty to file.

(a)

Any person who files an application for a rezoning, General Plan amendment, subdivision map, use permit, site development permit or for any other discretionary development approval under Titles 9 and 10 of this Code, for the purpose of a change of use of a mobile home park, shall file a report on the impact of the change of use upon the residents of the mobile home park in compliance with the requirements of this section not later than the date of filing of the first such application necessary to authorize such change of

use. No such application shall be considered or deemed completed or processed for consideration and approval unless and until such conversion impact report shall have been filed as required by this subsection.

(b)

The conversion impact report shall address the availability of adequate replacement housing in mobile home parks and the costs of relocating displaced residents. In order to adequately evaluate and address those issues, the conversion impact report shall contain the following information:

(1)

The names, addresses and mobile home site identification numbers of all persons owning mobile homes within the mobile home park and of all mobile home tenants within a period commencing on the earlier of the following dates:

(i)

The date of application for change of use;

(ii)

The date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 9-1.104 if such notice was filed prior to the application;

(2)

The age, including date of manufacture, of each mobile home within such park, including the type of mobile home, width characteristics, size, and number identifying the mobile home site being occupied;

(3)

A list of vacant mobile home sites in comparable mobile home parks within a thirty (30) mile radius of the park which is the subject of the application or request. The list shall contain a schedule of site rental rates for each park listed and the criteria of the management of each park for acceptance of new tenants and used mobile homes;

(4)

A designation of the names, addresses and telephone numbers of one or more housing specialists from the list compiled by the Director of Community Development and Services pursuant to Section 9-1.102, and the names, addresses and telephone numbers and fee schedules of persons qualified as a mobile home movers and of persons who are qualified appraisers of mobile homes. There shall be included an explanation of the services which the housing specialists will provide. The applicant may designate other housing specialists, mobile home movers, and appraisers; provided, however, that use of any such persons pursuant to this chapter shall be subject to approval by the Director of Community Development and Services;

(5)

A relocation plan, which will include a timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, payment of relocation costs and conversion of the park to one or more other uses;

(6)

A specification of the measures proposed to mitigate adverse impacts and of the costs of relocation of displaced residents which shall comply with the requirements of Section 9-1.106.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.104. - Occupancy of park below twenty (20%) percent: Filing of notice.

(a)

Whenever twenty (20%) percent or more of the total number of mobile home sites of a mobile home park are uninhabited and such situation was not caused by physical disaster, including but not limited to, fire, flood, storm, earthquake, landslide, or by another condition beyond the control of the owner of the mobile home park, the owner of such park shall file with the Director of Community Development and Services a written notice to such effect. For purposes of this chapter, a mobile home site is "uninhabited" when it is either (1) unoccupied by a mobile home, or (2) occupied by a mobile home in which no persons reside. The existence of the condition described in this subsection, when determined by the procedures of this subsection, shall be deemed a "change of use" for purposes of this chapter.

(b)

Whenever a resident of a mobile home park or other interested person has reason to believe that such park is uninhabited and that such situation was not caused by physical disaster, including but not limited to, fire, flood, storm, earthquake, landslide, or by another condition beyond the control of the owner of the mobile home park, such resident may file a written statement to that effect with the Director of Community Development and Services. Such statement shall indicate the particular sites which the resident or other interested person believes to be uninhabited. Upon receipt of such statement, the Director of Community Development and Services shall cause an investigation and inspection to be conducted as to the correctness of such statement. Upon completion of the investigation and inspection, he or she shall conduct a public hearing as to the correctness of the statement upon not less than thirty (30) days' written notice to the owner of the mobile home park, to the person who filed such statement, and to all residents of the mobile home park. At the hearing the owner of the mobile home park and any interested person thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing, the Director of Community Development and Services shall make a determination as to whether the statement is or is not correct and whether the mobile home park is undergoing a change of use.

(c)

Upon the filing of a notice pursuant to subsection (a) or the making of the determinations pursuant to subsection (b), the Director of Community Development and Services shall transmit to the owner of the mobile home park a written notice by certified mail, return receipt requested, or by personal service, which notice shall state, if a notice was filed pursuant to subsection (a), that a mobile home park is determined to be undergoing a change of use, or, if the determination was made pursuant to subsection (b), that such

park is determined to be undergoing or not to be undergoing a change of use, as the case may be. If the determination was made pursuant to subsection (b), written notice thereof shall be given to the owner of the mobile home park, the person who filed the statement and the mobile home park residents. A notice of determination of change of use shall also direct the owner to prepare a conversion impact report pursuant to Section 9-1.103 and the Director of Community Development and Services shall establish a reasonable period of time for the preparation of such report. The Director of Community Development and Services shall also schedule a public hearing before the Planning Commission and the City Council regarding the adequacy of such conversion impact report pursuant to this chapter. Such hearing shall be scheduled so as to allow adequate time for notice and distribution of the report to homeowners and mobile home tenants and the scheduling of informational meetings pursuant to Section 9-1.105.

(d)

The determination of the Director of Community Development and Services pursuant to subsection (b) may be appealed by the person who filed the statement, by the owner of the mobile home park, or by any other interested person by filing a written notice of appeal with the City Clerk not more than fifteen (15) calendar days after the date of the notice of determination. The City Council shall conduct a public hearing on the appeal, and not less than thirty (30) days' notice thereof shall be given by the Director of Community Development and Services to the owner of the mobile home park, the appellants and the park residents. At the public hearing the City Council shall consider the investigation and inspection report of the Director of Community Development and Services, the evidence presented by the owner of the mobile home park and interested person as to the correctness of the statement, and at the conclusion thereof, the City Council shall render a decision on the correctness of the statement and determination.

(e)

The provisions of this section shall not be applicable if an application for conversion of a mobile home park has been filed pursuant to this chapter prior to the filing of a notice pursuant to subsection (a), or of a written statement pursuant to subsection (b), where such application is pending.

(f)

For purposes of the ensuing sections of this chapter, the owner of a mobile home park whose mobile home park shall have been determined by the Director of Community Development and Services to be undergoing a change of use shall be deemed to be an "applicant."

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.105. - Conversion impact report: Information meeting(s): Notice and distribution to homeowners and tenants.

(a)

Not less than fifteen (15) days prior to the scheduled public hearing before the Planning Commission on the conversion impact report, the applicant shall transmit to the homeowner and to any tenant of each mobile home occupying a mobile home site within the park and to all other persons described in Section 9-1.103 (b) a copy of the conversion impact report a copy of this chapter, and notices of the dates, times and

places of the public hearing on the conversion impact report and the informational meeting required to be held pursuant to subsection (c).

(b)

Not less than ten (10) days prior to the date of the public hearing, the applicant shall cause to be filed with the Director of Community Development and Services a statement under penalty of perjury that he or she has complied with the requirements of this section pertaining to transmittal of copies of the conversion impact report and copies of this chapter, and to the notices of the public hearing on the conversion impact report and on the informational meeting or meetings.

(c)

Not less than ten (10) days prior to the scheduled public hearing before the Planning Commission on the conversion impact report, the applicant shall conduct an informational meeting for the residents of the mobile home park regarding the status of the application for conversion or the impending change of use, the timing of proposed relocation of residents, proposed relocation costs and assistance, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobile home park. The housing specialist or specialists designated in the conversion impact report shall be present at such meeting.

(d)

Not less than five (5) days prior to the public hearing on the conversion impact report, the applicant shall file with the Director of Community Development and Services a statement made under penalty of perjury that he or she has complied with the requirements of subsection (c). Such statement shall state the date, time, and place where such meeting was conducted.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.106. - Mitigation of adverse impacts and reasonable costs of relocation.

(a)

The applicant shall include within the conversion impact report the steps the owner proposes to mitigate any adverse impact on the ability of displaced park residents to find adequate housing in a mobile home park, including the reasonable costs of relocation. The City Council, upon reviewing the report and recommendation of the Planning Commission, shall require the applicant to take steps to mitigate such adverse impact which shall not exceed the reasonable costs of relocation, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 9-1.107.

(1)

As used in this section, the reasonable costs of relocation shall include: the cost of relocating a displaced homeowners' mobile home, accessories, and possessions to a comparable mobile home park within thirty (30) miles of its existing location, including costs of disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing if necessitated by the relocation; indemnification for

any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid the existing and any higher rent at the new site for the first twelve (12) months of the relocated tenancy.

(2)

If the City Council determines that a particular mobile home cannot be relocated to a comparable mobile home within (30) miles of its existing location, and the homeowner has elected to sell his or her mobile home, the reasonable costs of relocation may include the cost of purchasing the mobile home of a displaced mobile home owner at a fair value to be determined by the City Council. Such fair value shall be determined after consideration of relevant factors, including, but not limited to, the in-place value of the mobile home in its current location, assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition, the effect of the change of use on the value of the mobile home, the purchase price of the mobile home, any appreciation in the value of the mobile home since its purchase, the actual investment of the home owner in his or her mobile home, the appraised value of the mobile home, the right of the property owner to economically viable use of his or her property, the impact of the valuation on the economic viability of the property for its present use and for alternative uses, the information contained in the conversion impact report, and any evidence presented at the hearing. Any interested person may present evidence on any relevant factors in determining fair value.

(3)

All eligible homeowners and all mobile home tenants of eligible homeowners shall be provided with the services of one or more housing experts to assist them in relocating to available and adequate housing upon their request. Any such experts shall be those approved pursuant to Section 9-1.103 (b)(4) herein.

(b)

No benefits shall be provided to any person who is renting a mobile home from the owner of the mobile home park where such person shall have executed a written agreement with such mobile home park owner waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains the text of this section, and unless such person shall have executed a written acknowledgement that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.

(c)

In order to facilitate the intentions of the homeowners or tenants and an applicant for a change of use with regard to a change of use, the parties may agree to mutually satisfactory relocation assistance. To be valid, such an agreement shall be in writing, shall include a provision stating that the homeowner or tenant is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall include a provision in at least ten-point type which clearly states the right to seek and the importance of obtaining an attorney's advice prior to signing the agreement, and shall be drafted in form and content otherwise required by applicable State law. No person signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any person signing such an agreement may rescind it in writing within ten (10) days of signing it. Any such

ce prior to signing the agreement, and shall be drafted in form and content otherwise required by applicable State law. No person signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any person signing such an agreement may rescind it in writing within ten (10) days of signing it. Any such

agreement which is procured by fraud, misrepresentation, coercion or duress of any kind shall be void and unenforceable.

(d)

No waiver by an eligible mobile home owner or mobile home tenant of any of his or her rights pursuant to this section shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in subsection (c) herein.

(e)

Any relocation costs payable to an owner of a mobile home shall be deemed paid to all owners of that mobile home when paid to any one of them.

(§ 3, Ord. 550-C.S., eff. April 25, 1990, as amended by § 1, Ord. 561-C.S., eff. December 26, 1990)

Sec. 9-1.107. - Application for exemption from relocation obligations.

(a)

Any person who files an application for change of use of a mobile home park may, simultaneously with such application, file an application for total or partial exemption from the obligation to provide relocation costs and assistance pursuant to Section 9-1.106. The owner of a mobile home park as to whom the Director of Community Development and Service has made a determination of change of use pursuant to Section 9-1.104 may also file such an application for exemption not later than thirty (30) days from the transmittal of the notice of determination by the Director of Community Development and Services pursuant to Section 9-1.104.

(b)

If such application is filed, notice of such application, with the information contained therein, distribution thereof to the residents of the mobile home park, and discussion of the application at the informational meeting shall be accomplished pursuant to Section 9-1.105.

(c)

Any such application shall state that it is made on either or both of the following bases:

(1)

That imposition of the full relocation obligations would eliminate substantially all reasonable use or economic value of the current use of or alternative use of the property;

(2)

That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

(d)

Any such application made pursuant to subsection (c)(1) shall contain adequate documentation that the conditions set forth in subsection (c) exist. The Director of Community Development and Services may request such additional documentation, reports and information as he or she deems necessary to evaluate the application. Such information may include:

(1)

Statements of profit and loss from the operations of the mobile home park for the most recent five (5) year period of the date of the application or request, certified by a certified public accountant;

(2)

The estimated total of relocation costs which would otherwise be required to be provided pursuant to this chapter, which shall be based upon document surveys of available mobile home sites within thirty (30) miles of the mobile home park, residents of the park who would elect to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park based upon recent sales of representative mobile homes in the park;

(3)

An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were permitted to be developed for the use proposed in the application for change of use of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued;

(4)

Such other information which the applicant believes to be pertinent or which may be required by the Director of Community Development and Services.

(e)

Any such application filed pursuant to subsection (c)(2) shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, copies of all pertinent judgments, orders, and decrees of such court.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.108. - Application for conversion: Public hearings: Findings.

(a)

When a request or application has been made or filed for a General Plan amendment, rezoning, tentative map, use permit, site development permit or other discretionary development permit for the proposed change of use of a mobile home park, a public hearing shall be held on the conversion impact report and on any application for exemption from relocation assistance obligations either in conjunction with or prior to the public hearings held by the Planning Commission and City Council on the amendment, rezoning, map,

or permits sought. All interested parties may present evidence on any aspect of the proposed conversion or approvals sought.

(b)

The Planning Commission's decisions on such permits shall be appealable to the City Council pursuant to this Code, except those approvals in which the Planning Commission acts only as a recommending body.

(c)

The Planning Commission shall make a written recommendation to the City Council on the adequacy of the conversion impact report, on any application for exemption from relocation obligations and on the mitigation conditions and reasonable costs of relocation which it recommends as conditions of the requested change of use. Such recommendation shall be transmitted to the City Council in the form of a resolution.

(d)

Upon receipt of the Planning Commission's recommendations, the City Council shall hold a public hearing on these matters and shall make of the following determinations:

(1)

That the conversion impact report does or does not comply with the requirements of this chapter. If the City Council determines that the conversion impact report does not comply with one or more requirements of this chapter, the City Council shall indicate in which respects the report does not comply with any such requirement. If land use permits for the change of use are approved, the City Council may condition such approvals upon specified amendments to the conversion impact report;

(2)

That specified conditions shall be imposed upon the change of use to mitigate adverse impacts upon the ability of displaced homeowners and tenants to find adequate replacement housing in a mobile home park and to require that reasonable costs of relocation be paid as set forth in this chapter.

(e)

Where an exemption from relocation assistance has been applied for based upon the impact of such assistance upon the reasonable use of the property pursuant to Section 9-1.107, the City Council shall make one of the following findings:

(1)

That the applicant shall not be exempt from relocation assistance obligations because sufficient evidence has not been shown that the costs of relocation which would otherwise be required by this chapter would eliminate substantially all reasonable use or economic value of the property for alternative uses.

(2)

That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in part, because he or she has shown sufficient evidence that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate use or economic value of the property. In mailing such determination, the City Council may take into account the financial history of the mobile home park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated costs of relocation, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobile home park, and any other pertinent evidence requested or presented. In rendering its decision, the City Council shall have the power to eliminate or waive all or portions of any type of benefit which would otherwise be applicable and shall expressly indicate in its decision any such waiver or elimination and the extent thereof.

(f)

Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Section 9-1.107 (c) (2) the City Council shall make one of the following findings:

(1)

That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and because such court has taken further action which would prohibit or preclude payment of such benefits, whether in whole or in part. In rendering its decision, the City Council shall have the power to eliminate or waive all or portions of any type of benefit to the extent necessary to comply with the judgment, order, or decree of the court;

(2)

That the applicant shall not be exempted from any relocation assistance obligations based upon any actions of a court of bankruptcy, because sufficient evidence has not been shown that any such court has ordered the closure or cessation of use of said property as a mobile home park, or that such court has prohibited or precluded the payment of any such benefits, or both.

(g)

No request or application for an amendment to the General Plan or zoning ordinance, approval of a tentative map, use permit, site development permit or other discretionary development permit for change of use of a mobile home park shall be approved unless and until the City Council shall have first determined that the conversion impact report complies with the requirements of this chapter. The approval of a total exemption from relocation assistance obligations shall have the effect of elimination of the requirement of such portion of the conversion impact report. If such conversion impact report is determined not to comply with the requirements of this chapter, the aforementioned requests or amendments shall not be considered further unless and until the report is revised, a public hearing upon appropriate notice is conducted thereon, and the report is determined to be in compliance with the requirements of this chapter.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.109. - Obligations of applicant or mobile home park owner after approval of conversion impact report.

After the date of determination that the conversion impact report complies with the requirements of this chapter, the applicant shall undertake or be responsible for performance of the following obligations, except to the extent that the City Council may have exempted the application therefrom pursuant to Section 9-1.108:

(a)

Not later than thirty (30) days from the date of such determination, the housing specialist or specialists shall make personal contact with each resident of the mobile home park and commence consultations to determine the applicable relocation costs and assistance to be provided. The housing specialist or specialists shall give each resident and former resident eligible to receive relocation assistance written notice of his or her rights to relocation assistance as determined by the City Council under this chapter.

(b)

Not less than 120 days prior to the date any resident is required to vacate the mobile home park, any cash or monetary relocation costs required by this chapter shall be paid to such resident, to any former resident eligible for such costs, or to any person, firm or corporation performing relocation related services for the resident, as the resident may direct. If the applicant purchases the mobile home pursuant to Section 9- 1.106, the owner of the mobile home shall be required to promptly submit to the applicant all documents necessary to transfer complete title and ownership of such mobile home to the applicant, free and clear of all security interests, liens, or other encumbrances.

(c)

The date upon which any resident of the mobile home park is required to vacate such park, or upon which of any mobile home is required to be removed from the mobile home park, shall be not less than six (6) months from the date of notice of termination of tenancy pursuant to Civil Code Section 798.56 (f).

(d)

If the owner of the mobile home park, the applicant, homeowner or tenant specifically requests that any of the time limitations required by this section be modified, the City Council shall consider any such modification and evidence relating to the need therefor at the public hearing the conversion impact report. The City Council shall have the power to make modifications in such time limits, both in response to a request and on its own motion, in conjunction with any approval of a conversion impact report, as the City Council may deem just and reasonable.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.110. - Payment of relocation assistance benefits: Prerequisite to issuance of building permit to redevelop park.

No parking permit shall be issued for the development of any real property which has been or is being converted from a mobile home park pursuant to this chapter unless and until the applicant or the owner of

the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the Director of Community Development and Services a verified statement made under penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid. Such statements shall specify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment has made.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Sec. 9-1.111. - Violations.

In addition to any remedies or penalties for noncompliance with the City ordinance as provided elsewhere in this Code, any park owner or applicant who violates any rights of any homeowner or mobile home tenant established under this chapter shall be liable to said person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no park owner shall take any willful action to threaten, retaliate against or harass any park resident with the intent to prevent such residents from exercising his or her rights under this article.

(§ 3, Ord. 550-C.S., eff. April 25, 1990)

Article 2. - Rent Stabilization Regulations

Sec. 9-1.201. - Definitions.

The following words and phrases, as used in this article, shall have the same definitions and meanings as defined by Sections 798 through 798.12 of the California Civil Code of the State of California: Mobile Home Park; Park; Tenant; Tenancy; Homeowner; and Resident. In addition, for the purposes of this chapter, the following words are defined as follows:

(a)

"CPI" shall mean Consumer Price Index (CPI) for all urban consumers, as reported by the U.S. Labor Bureau of Labor Statistics for the San Francisco-Oakland Bay Area.

(b)

"Director" shall mean the Director of the Community Development and Services Department of the City of Pacifica or his or her designee.

(c)

"Owner" shall mean the owner of a mobile home park or an agent or representative authorized to act on his or her behalf in connection with matters relating to a tenancy in the park.

(d)

"Rent" shall mean the consideration, including any bonus, benefit or gratuity demanded of or received in connection with the use and occupancy of a mobile home space including all amenities, services and benefits. Rent shall not include utility service charges for utility services provided to an individual resident

where such charges are billed to the resident separately from the rent for the space, provided that separate billing of utility service fees shall comply with Civil Code Section 798.41.

(e)

"Space" shall mean an area within a mobile home park upon which a mobile home is placed and for which rent is charged.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

This article shall apply, as of its effective date, to all mobile home tenancies in the City, except:

(a)

Tenancies which were used primarily for commercial purposes as of August 1, 1991;

(b)

Tenancies in mobile home parks of four (4) spaces or fewer;

(c)

Tenancies the rental of which is subsidized by any government agency;

(d)

Mobile home parks owned exclusively by the tenants;

(e)

Tenancies which are exempt by State or Federal law including but not limited to Civil Code Section 798.17.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.203. - Annual automatic CPI increases.

(a)

Rent increases in 1991 and subsequent years. On or after September 1 of each year, the rent charged by an owner for a mobile home space may be increased to an amount not to exceed the rent in effect on September 1 of the prior year adjusted by seventy-five (75%) percent of the percentage increase in the Consumer Price Index (CPI).

The increase in the CPI shall be equal to the percentage increase between the CPI last reported as of July 1 of the most recent year and the CPI last reported as of July 1 of the prior year.

In the event that the CPI decreases, no increase or decrease shall be authorized pursuant to this section.

(b)

Banking. Automatic rent increases allowed pursuant to this section may be accumulated and implemented by the owner at any future time.

(c)

Compliance with State Law. Rent increases permitted pursuant to this subsection shall not be effective and shall not be demanded, accepted, or retained until the owner has given the notices required by state law.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.204. - Vacancy decontrol.

Notwithstanding the limitations on space rent increases otherwise set forth in this article, upon voluntary changes in the ownership of the mobile home that is on a space, the rent for the space may be increased without limit. The new rent established at time of change of ownership pursuant to this section shall thereafter be subject to the rent increase regulations of this chapter.

This section shall not be applicable to a change in ownership due to an involuntary eviction or to the death of a mobile home owner wherein the deceased tenant's spouse, children or parents take over the ownership and occupancy of the mobile home.

This section shall not be applicable if there is merely a replacement of the mobile home without a change in the park tenancy.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.205. - Fair return adjustments.

(a)

Purpose. The purpose of this section is to provide a mechanism for the review and approval of requested rental increases in excess of automatic CPI adjustments, and to allow a mobile home park owner to request rental increases in excess of that allowed in Section 9-1.203, when the owner believes that the CPI rent adjustment does not allow a fair and reasonable return on his or her investment. The standards to be utilized in determining whether a proposed increase allows for a fair return shall be based upon the following:

(b)

Terminology and Concepts. For the purposes of rent adjustment review hearings, the following concepts shall apply:

(1)

Net operating income equals gross income less operating expenses;

(2)

Gross income equals the following:

(i)

Gross rents computed as gross rental income at one hundred (100%) percent paid occupancy; plus

(ii)

Interest from rental deposits, unless directly paid by the owner to residents (interest shall be computed at the rate of six and one-half (6-½%) percent of all deposits, but if such deposits in fact earned greater interest, then actual interest earned shall be used); plus

(iii)

Income from utilities, (to the extent the charges are not deemed rent), laundry facilities, cleaning fees or services, garage, storage and parking fees;

(iv)

All other income or consideration received or receivable for or in connection with use or occupancy of mobile home/mobile home spaces and related services; minus

(v)

Uncollected rents due to vacancy and bad debts to the extent that same are beyond the owner's control. Where uncollected rents must be estimated, the average percentage of the preceding three (3) years' experience shall be used or another comparable and reliable method;

(3)

Operating expenses shall include the following:

(i)

Real property taxes;

(ii)

Utility costs, except to the extent such costs are passed through to the resident or are otherwise excluded by this article;

(iii)

Management expenses related to the operation, management, improvement and maintenance of the park, whether contracted out or owner performed, including advertising, accounting, insurance and other managerial expenses, and allowable legal expenses;

(iv)

Repair and maintenance expenses, including painting, cleaning, fumigation, landscaping, and repair of all standard services, including electrical, plumbing, carpentry, furnished appliances, drapes, carpets, furniture, pool, laundry, and recreational equipment;

(v)

Employee salary and benefits and owner-performed labor upon documentation provided showing the date, time, and nature of the work performed. There shall be a maximum allowable expense for this paragraph of (five) 5% percent of gross income, unless the owner documents additional expenses for the benefit of residents;

(vi)

Assessments, taxes, license fees, and registration fees required by law to the extent same are not otherwise paid by residents and to the extent otherwise permitted by this article;

(vii)

Capital expenses with a total cost of less than One Hundred and no/100ths ($100.00) Dollars per year per benefitted space;

(viii)

Capital improvements and major repairs relating to improvement of and maintenance of the park, provided that the costs of such expenses, if they exceed One Hundred ($100.00) Dollars per space, shall be amortized over their useful life. When said expenses have a useful life of four (4) years or more, an interest cost of twelve (12%) percent a year on the unamortized balance of the cost of improvement shall be allowed as an expense. Amortization of the cost shall be on a straight line basis over the life of the improvement;

(ix)

Increases in land lease payments after base year and increases in variable mortgage interest rates after base year only as to land leases or mortgages which existed on August 1, 1991;

(4)

Operating expenses shall not include:

(i)

Except as provided in Section paragraph (ix) of subdivision (3) of this subsection, mortgage principal and interest payments and payments by the owner under any underlying ground lease;

(ii)

Any penalties, fees or interest assessed or awarded for violation of this or any other law;

(iii)

Legal fees except as provided below;

(iv)

Depreciation of the property;

(v)

Any expense for which the owner has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method;

(vi)

Reserve accounts;

(vii)

Expenses related to the conversion or sale of the park rather than to the improvement and maintenance of the park;

(viii)

Expenses unrelated to the improvement and maintenance of the park or expenses clearly excessive in relation to the customary and reasonable costs of such items;

(ix)

Expenses incurred as the result of the installation, ownership, operation, maintenance, or replacement of internal sub-metered gas and electrical systems within the park and for which a rate differential was received pursuant to Public Utilities Code Section 739.5;

(5)

Allowable legal expenses shall include attorney's fees and costs incurred in connection with good faith attempts to recover rents owing, good faith unlawful detainer actions not in derogation of applicable law, to the extent such expenses are not recovered from residents, compliance with the Mobile Home Residence Law, and all other legal costs directly related to the operation, maintenance, and improvement of the park and legal costs related thereto. Attorney's fees and costs incurred related to proceedings under this article are not allowable as operating expenses. No other attorney fees are allowable. Owners shall bear the burden of production and proof of the amount and purpose of such fees including rate per hour and hours spent. Fees which are clearly excessive in relation to customary and reasonable rates shall be disallowed;

(6)

Base year operating expenses and gross income for purposes of these rent adjustment provisions shall mean operating expenses and gross income in the year from July 1, 1990 to June 30, 1991;

(7)

In the event a fair return petition involves only a portion of the spaces in a park, the gross income and operating expenses shall be adjusted to reflect the portion of the mobile home park that is subject to this article. Income from spaces that are exempted from this article shall not be considered. (For example, if forty (40%) percent of the mobile home owners are subject to the article, then forty (40%) percent of the income and expenses shall be considered.) The net operating income for the base year shall be determined only for the spaces affected by the petition.

(c)

Determination of Base Year Net Operating Income.

(1)

To determine the net operating income during the base year, there shall be deducted from the "base year gross income" a sum equal to the actual "base year operating expenses" unless the owner demonstrates to the satisfaction of the Hearing Officer that some other twelve (12) consecutive month period is justified pursuant to this article.

(d)

Special base year operating income adjustment. It may be determined by the Hearing Officer that the base year net operating income yielded other than a fair return, in which case the base year net operating income may be adjusted accordingly. In order to make such determination, the Hearing Officer shall make at least one of the following findings:

(1)

The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances adjustments may be made in calculating such expenses so the base year of operating expenses reflects average expenses for the property over a reasonable period of time. The following factors shall be considered in making this decision:

(i)

The owner made substantial capital improvements during the base year which were not reflected in the rent levels;

(ii)

Substantial repairs were made due to damage caused by natural disaster, vandalism or other unusual cause.

(iii)

Other expenses were unreasonably high or low due to unusual circumstances, notwithstanding prudent business practices.

(2)

The gross income during the base year was significantly lower than normal because of destruction of the premises and/or temporary eviction for construction or repairs, or other special circumstances.

(e)

Schedule of increases in operating expenses. Where the schedule of rent increases or other calculations require projections of a prior year's income and expenses, it shall be presumed, subject to rebuttal, that operating expenses, exclusive of property taxes and management expenses, increased at the CPI, that

property taxes increased at two (2%) percent per year, and that management expenses are five (5%) percent of gross income.

(f)

Authorized adjustments. The Hearing Officer shall grant an increase to an owner in excess of that allowed by Section 9-1.203 if he or she finds and determines that it is necessary to provide the owner with a net operating income, after adjustment for one hundred (100%) percent of the increase in the CPI, equal to the net operating income realized for the park during the base year and to provide the owner with a fair and reasonable return on investment. The percentage rent increase needed to cover increases in operating expenses shall be calculated in the following manner which is structured to permit growth of the net operating income of the park and to provide a fair and reasonable return on investment based upon objective standards:

Minimum percentage increase Base year net operating income -minusCurrent year net operating required = (adjusted by CPI) income _____ Current year gross rents

It is presumed subject to rebuttal that this formula will provide a fair and reasonable return on investment. The owner may establish by clear and convincing evidence that this formula will not provide a fair and reasonable return on investment, and that an alternative method should be used by the Hearing Officer in evaluating the petition. In evaluating the petition, the Hearing Officer may consider any relevant factors necessary to permit a fair and reasonable return on investment.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.206. - Fair return adjustment procedures.

(a)

Fair return petitions.

(1)

If an owner wishes to increase rent for any mobile home space more than the automatic CPI increase specified in Section 9-1.203, the owner shall submit a fair return petition to the Director. The rent for a mobile home space may not be increased more than once in any twelve (12) month period except upon voluntary vacancy pursuant to Section 9-1.204 herein.

(2)

A fair return petition shall be submitted on a form prescribed by the Director and shall contain at least the following information:

(i)

The address of the mobile home park;

(ii)

The space number of each mobile home park space for which a rent increase is requested;

(iii)

The amount of the requested rent increase, stated in dollars and cents;

(iv)

The facts supporting the requested rent increase, including supporting documentation;

(v)

The actual operating expenses by category for the mobile home park for a two (2) year period ending no more than four months before the proposed effective date of the increase;

(vi)

The current and proposed rent schedules for each space in the mobile home park;

(vii)

A schedule of other fees and income from the mobile home park;

(viii)

The vacancy rates in the mobile home park during the preceding two (2) year period;

(ix)

A list of current leases for spaces unaffected by the proposed increase extending beyond the effective date of the increase, showing the dates that each lease expires and the amount and date of change in rental rates for such lease;

(x)

The applicant may also submit anticipated increases in expenses for the mobile home park for the twelve (12) month period of the proposed increases, provided that the increases are certain and can be precisely calculated.

(3)

The owner shall include in a fair return petition all rent increases desired for a particular mobile home park for that year. No more than one petition may be filed per mobile home park each year. The owner shall sign the fair return petition under penalty of perjury. At the time the owner submits the fair return petition, the owner shall also submit the fee required by Section 9-1.208 herein.

(4)

Information and records sufficient to document the need for the increase shall be provided. The Director may contract with an independent certified public accountant to audit the application and supporting documents and records so as to determine the accuracy, reliability and completeness of the application and information.

(b)

Notice of complete petition. Within ten (10) days after receipt of a fair return petition, the Director shall determine if the petition is complete and shall notify the applicant of any additional information or documentation required to make the petition complete. The applicant shall submit such information within ten (10) days after notice from the Director. Such time may be extended for good cause shown.

(c)

Notice to residents. Within five (5) days after receipt of a complete rent increase petition, the Director shall give written notice of the petition, by United States mail, to the residents of the mobile home spaces specified in the petition. If all of the tenants affected by the petition notify the Director in writing within ten (10) days after such notice that the requested rent increase is accepted by them, all proceedings on the petition shall cease and the owner may implement such increase as of the date such increase would otherwise have been effective without the intervention of this article.

(d)

Hearing officer. A Hearing Officer appointed by the City shall consider and decide petitions for rental increases. The Hearing Officer shall be appointed by the Director within ten (10) days after the Director has accepted the petition as complete. The Hearing officer shall meet one of the following criteria:

(1)

Completion of a Juris Doctor or equivalent degree from a school of law and completion of a formal course of training in arbitration which, in the sole judgment of the Director, provides that person with the knowledge and skills to conduct a mobile home space rent arbitration in a professional and successful manner; or

(2)

Possession of the knowledge and skills to conduct a mobile home rent increase arbitration and completion of at least three (3) mobile home rent increase arbitration proceedings that involved issues the Director considers similar to those raised in rent dispute arbitrations.

(e)

Hearings. All hearings shall be open to the public. Hearings shall be held as necessary to hear and decide petitions within the allotted time and such hearings may be continued as necessary to insure that the Hearing Officer has all information he or she deems necessary to make a determination. Except as otherwise set forth in this chapter, the owner shall bear the burden of production and proof of any factors affecting the need for the proposed rent increase. Owner shall provide documentation sufficient to provide

the Hearing Officer with such information as the Hearing Officer deems necessary to render an informed decision on the petition.

(f)

Representation. Any party to a hearing may be assisted by attorneys or other persons of the party's choice at the party's sole expense.

(g)

Hearing procedure. The Hearing Officer shall proceed in the manner required by law, including this article, and shall render findings which support his or her decision and which are supported by the evidence. The hearings shall not be conducted according to technical rules of evidence and witnesses. Any relevant evidence shall be considered if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Unduly repetitious or irrelevant evidence shall be excluded upon order of the Hearing Officer.

Although the hearing need not be conducted pursuant to the rules of evidence, the Hearing Officer shall afford the parties a fair hearing including, but not limited to, refraining from taking of any ex parte evidence. The Hearing Officer shall tape record meetings and make an official record of the hearing, which record shall constitute the exclusive record for the decision of the issues at the hearing. The record shall be obtainable for the cost of copying and shall include: all exhibits, papers, and documents filed or accepted into evidence during the proceedings; a list of participants present; a statement of all materials officially noticed; all findings of fact; all recommendations, decisions, orders, or rulings; all final decisions and orders. A stenographic record of the proceedings may be obtained upon payment of the cost of preparing such a record by the party requesting such record.

(h)

Time for decision. The Hearing Officer shall make a final decision within ninety (90) days of the submission of a complete fair return petition, and no later than twenty-one (21) days after the conclusion of the hearing on any petition. The time limits may be extended upon consent of the owner.

(i)

Rent increases. If the Hearing Officer's determination is that all or a portion of the proposed rent increase shall be granted under the circumstances, then the Hearing Officer shall grant all or such portion of the rent increase effective as of the time such increase would have been otherwise effective without the intervention of this article or Urgency Ordinance No. 577-C.S. Unpaid amounts of such increased rent may be billed to the tenants in equal installments over a six (6) month period as a surcharge to the increased rent.

(j)

Notice of decision. The owner and tenants shall be sent a notice of the Hearing Officer's findings and decision within seven (7) days after the rendering of the decision.

(k)

Judicial review. Review of the final decision of the Hearing Officer shall be by a court of competent jurisdiction and venue. Such review shall be conducted in accordance with the Code of Civil Procedure, Section 1094.5 and 1094.6.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.207. - Registration and administrative fee.

On September 1 of each year, each mobile home park within the City, coming under the terms of this article shall file with the Director a registration statement setting forth the number of spaces in its park regulated by this article. The City Council shall, by resolution, establish an administrative fee to the owner to offset the costs to the City of the regulatory activities provided pursuant to this article. No fee shall be imposed for any space exempted from this article pursuant to Civil Code Section 798.17. No more than one-half (½) of the per space charge may be collected by the owner from the tenant of the space for which the fee is paid.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.208. - Fee for fair return petitions.

(a)

At the time the owner files a fair return petition pursuant to Section 9-1.206, the owner shall also submit a fee in an amount specified by the City Council by resolution. The fee shall be used to pay all costs of the City incurred in conducting proceedings on the fair return petition pursuant to this section, including without limitation City staff time, noticing, audit costs, accountant costs, postage and Hearing Officer cost. If the amount of the fee exceeds such costs, the balance shall be refunded to the owner within thirty (30) days after completion of the proceedings. If the Hearing Officer approves a rent increase that is equal to or greater than the rent increase requested by the owner in the fair return petition, the cost of the fee may be passed through to the tenants affected by the rent increase, less any amount refunded by the City. Unless the owner and the tenants agree otherwise, the reimbursement shall be paid in equal installments with the rent payments for the twelve (12) month period following completion of the proceedings and shall be divided equally among the residents of the mobile home spaces affected by the rent increase. Such period may be extended in the discretion of the Hearing Officer. If the Hearing Officer approves a rent increase that is less than the rent increase requested by the owner in the rent increase application, the owner shall not be entitled to reimbursement of the fee.

(b)

Except as provided in subdivision (a), the owner and the residents shall each bear their own costs incurred in the proceedings on the rent increase petition, including but not limited to attorneys' fees.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.209. - Agreements.

Nothing in this chapter shall operate to restrict the right of a tenant and management to enter into an agreement in accordance with California Civil Code Section 798.17. Pursuant to Civil Code Section

798.17(c), the tenant and a prospective mobile home purchaser shall have the option to reject the offered rental agreement and accept a rental agreement for a term of twelve (12) months or less, including a month to month agreement. If a new rental agreement is offered to a prospective home owner, the prospective home owner shall have at least ten (10) working days from the date the rental agreement is first offered to review the agreement and to accept or reject it. A copy of the proposed agreement shall be provided to the prospective home owner for this purpose. The prospective homeowner shall also have the right to rescind the rental agreement after signing it by notifying the management in writing within seventy-two (72) hours of the execution of the rental agreement.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.210. - Service reductions.

(a)

If the Hearing Officer finds that service reductions have occurred, the Hearing Officer shall determine the value of the service reductions and may offset the allowable rent increase by the value of the service reductions. Service reductions which affect all spaces subject to the proposed rent increase shall be prorated over all such spaces, regardless of the number of residents claiming such service reductions. The tenants shall have the burden of production and proof that such service reductions have occurred.

(b)

In determining the value of any service reductions, the Hearing Officer shall consider the following factors:

(1)

The area affected by the service reduction;

(2)

The length of time the resident has been subjected to the service reduction;

(3)

The degree of discomfort the service reduction imposes on the resident;

(4)

The extent to which the service reduction causes the mobilehome or the space to be uninhabitable;

(5)

The extent to which the service reduction causes a material reduction in the usability of the mobile home or space;

(6)

Other similar factors deemed relevant by the Hearing Officer.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.211. - Duty of owner to provide a copy of this chapter.

It shall be the duty of every owner to provide a copy of this article to each mobile home owner or tenant who rents or leases a space from the owner.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.212. - Notification to prospective buyer of base rent.

The park owner shall notify a mobile home owner of the amount of any vacancy decontrol increase that would be instituted pursuant to Section 9-1.204 of this article.

Said notice shall be provided within ten (10) days of a written request by a mobile home owner for said information. The amount of said increase shall be binding on the park owner in regard to any vacancy increase for that space for a period of six (6) months.

Failure of a park owner to comply with this section shall result in a loss of the right to any rent increase pursuant to Section 9-1.204 unless said failure is justified by good cause.

The purpose of this section is to insure that sellers and purchasers of a mobile home in a park have full knowledge of the conditions surrounding current and future occupancy of a mobile home space in the park.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.213. - Enforcement.

An owner or tenant may bring an action in the Superior Court compelling the other party to comply with the terms of this chapter. Violation of this chapter shall not be a misdemeanor nor punishable by the imposition of civil penalties.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.214. - Nonexclusive remedy.

This chapter is not intended to substitute itself for any legal or equitable remedy otherwise available under law to a resident, tenant, or owner of a mobile home park and should be understood to provide remedies which are cumulative thereto and otherwise nonexclusive.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

Sec. 9-1.215. - Severability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held void, invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such decision shall not affect the validity of the remaining portions thereof.

(§ 2, Ord. 579-C.S., eff. October 23, 1991)

CHAPTER 2. - SURFACE MINING AND RECLAMATION*

• Chapter 2 entitled "Quarries," consisting of sections 9-2.01 through 9-2.17 codified from Ordinance No. 365, as amended by Ord. 151-C.S. eff. August 13, 1975, Ord. 349-C.S., eff. November 10, 1982, and Ord. 414-C.S., eff. August 8, 1984)

Sec. 9-2.01. - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases in this chapter are defined as follows:

(a)

"Area of regional significance" shall mean an area designated by the State Mining and Geology Board (State 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 alternative incompatible land uses, could result in the permanent loss of minerals that are of more than local significance.

(b)

"Area of statewide significance" shall mean an area designated by the State 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 alternative incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

(c)

"Borrow pits" shall mean excavations created by the mining of rock, unconsolidated geologic deposits, or soil to provide material (borrow) for fill elsewhere.

(d)

"Compatible land uses" shall mean land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which 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.

(e)

"Haul road" shall mean a road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.

(f)

"Incompatible land uses" shall mean 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.

(g)

"Mined lands" shall mean the surface, subsurface, and ground water 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.

(h)

"Minerals" shall mean 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.

(i)

"Operator" shall mean 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.

(j)

"Reclamation" shall mean 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 alternative 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.

(k)

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

(l)

"Surface mining operations" shall mean 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, inplace 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).

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.02. - Compliance with provisions.

It shall be unlawful for any person to operate or maintain, or to cause to be operated or maintained, any surface mine in the City except in conformance with the provisions of this chapter.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.03. - Incorporation by reference.

The provisions of the Surface Mining and Reclamation Act, located at California Public Resources Code Sections 2710 et seq. (hereinafter "SMARA"), and California Public Resources Code Section 2207, and Title 14 Code of Regulations Sections 3500 et seq. (hereinafter "State regulations"), 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, excepting that when provisions of this chapter are more restrictive than correlative State provisions, this chapter shall prevail.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.04. - Permits: Required.

Surface mining operations may be operated in any portion of the City and reclamation projects may be undertaken on mined lands subject to the securing of a quarry use permit and subject to the regulations of this chapter, including, but not limited to, the requirements for the posting of financial assurances.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.05. - Permits: Applications.

Each application for any permit to operate a surface mine or to undertake a reclamation project shall be made to the Planning Commission on a form provided by the Planning Department. Such applications shall be accompanied by the following:

(a)

An accurate plot plan showing the exterior boundaries of the property on which the surface mine is, or is proposed to be, located, the boundaries of the area proposed to be excavated, and the location of any existing or proposed structures, roads, or other improvements;

(b)

Cross-sections through the surface mine (existing or proposed) sufficient to indicate the slopes of existing and proposed cut banks;

(c)

A contour map when required by the Planning Commission;

(d)

A statement of the plan operation, including the time limits, and areas to be removed;

(e)

A reclamation plan including the final grading of the site, replacement of the topsoil, revegetation, and other necessary measures;

(f)

Applicable fees as set forth in Article 37 of Chapter 4, of Title 9; and

(g)

Erosion control and drainage plans that include best management practices to control surface runoff and minimize erosion.

(§ 1, Ord. 670-C.S., eff. September 8, 1999, and § 1, Ord. 711-C.S., eff. August 28, 2003)

Sec. 9-2.06. - Permits: Applications: Investigations: Hearings.

The Planning Department, upon the receipt of the application and upon payment of the required fees, shall make such investigations as are necessary to determine whether or not the surface mine and reclamation plan or proposed surface mine and reclamation plan conforms or will conform fully to the provisions of this chapter, including the necessary findings, and any other laws pertaining to land use or the operation of surface mines and reclamation plans.

n and upon payment of the required fees, shall make such investigations as are necessary to determine whether or not the surface mine and reclamation plan or proposed surface mine and reclamation plan conforms or will conform fully to the provisions of this chapter, including the necessary findings, and any other laws pertaining to land use or the operation of surface mines and reclamation plans.

The Planning Commission shall hold at least one public hearing prior to taking action on a proposed quarry use permit. At the conclusion of the investigation and the public hearing, the Planning Commission shall make the necessary findings and determine whether or not the surface mine and reclamation plan, or proposed surface mine and reclamation plan, is, will be, or may be likely to become a public nuisance or will be dangerous or detrimental to the public peace, health, safety, or general welfare.

Pursuant to SMARA, the State Department of Conservation shall be given thirty (30) days to review and comment on the reclamation plan and forty-five (45) days to review and comment on the financial assurance(s). The Planning Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. A written response shall be prepared, by the Planning Department, describing the disposition of the major issues raised by the State for the Planning Commission's approval. 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.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.07. - Findings for approval of quarry use permit.

(a)

Surface Mining Operation. The Planning Commission may approve a surface mining operation only when making all of the following findings:

(1)

The surface mining operation shall conform fully to the provisions of this chapter and shall comply with the provisions of the Surface Mining and Reclamation Act and State regulations, and any other laws pertaining to land use or the operation of surface mines.

(2)

The operation of the surface mine shall not be detrimental or dangerous to the peace, safety, or general welfare of the public and will not adversely affect the character of the neighborhood in which the surface mine is located.

(3)

The surface mining operation has been reviewed pursuant to the California Environmental Quality Act ("CEQA") and the City's environmental review guidelines, and all significant impacts from the surface mining operation are mitigated to the maximum extent feasible.

(b)

Reclamation Plans. The Planning Commission may approve a reclamation plan only when making all of the following findings:

(1)

The reclamation plan conforms fully to the provisions of this chapter, the City's general plan, and the Surface Mining and Reclamation Act Sections 2772 and 2773, and shall comply with applicable requirements of State regulations (Sections 3500-3505 and 3700-3713) as may be amended.

(2)

The reclamation plan has been reviewed pursuant to the California Environmental Quality Act 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.

(3)

The land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends with, the surrounding natural environment, topography, and other resources, to the maximum extent feasible.

(4)

The reclamation plan will restore the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the general plan, local coastal land use plan, California Coastal Act, and Zoning Code.

(5)

Comments from the State Department of Conservation have been received and reviewed. A written response to these comments has been prepared and forwarded to the State Department of Conservation.

(§ 1, Ord. 670-C.S., eff. September 8, 1999, and §§ 2 and 3, Ord. 711-C.S., eff. August 28, 2003)

The Planning Commission may approve, conditionally approve, or deny the quarry use permit. If approved, the quarry use permit shall be valid for a maximum period of three (3) years. The Planning Commission, in issuing any such permit, may specify such conditions as are deemed necessary for the protection of persons and property in the neighborhood and to insure that the operation of the surface mine will not adversely affect the character of the neighborhood in which the surface mine is located.

The Planning Department shall forward a copy of each approved quarry use permit for mining operations and approved reclamation plan, and a copy of the approved financial assurance(s) to the State Department of Conservation. By July 1 of each year, the Planning Department shall submit to the State Department of Conservation for each active or idle mining operation a copy of permit and reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

In the event the applicant or any aggrieved person is not satisfied with the action of the Planning Commission, the applicant or aggrieved person may appeal such decision to the City Council in the manner set forth in Chapter 4 of Title 1 of this Code.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.10. - Permits: Fees.

The City shall collect such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the State regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement, and compliance. Such fees shall be paid at the time of filing of a quarry use permit application, and at such other times as are determined by the City to be appropriate in order to ensure that all reasonable costs of implementing the provisions of this chapter are borne by the applicant. Fees shall be calculated based upon estimated staff time using the formula set forth in Administrative Policy No. 2.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.11. - Permits: Modification, suspension and revocation.

(a)

Planning Commission authority. Any quarry use permit shall be subject to modification, suspension or revocation by the Planning Commission for violation of a condition of the permit or violation of other state, federal, or local law.

(b)

Notices. A notice shall be served on the person or corporation holding the Quarry Use Permit specifying wherein he or she has failed to comply with the provisions of this Chapter, or any other law, or with any terms or conditions specified in the permit.

(c)

Hearings. The Planning Commission shall hold a public hearing on the proposed modification, suspension, or revocation. At such time and place the person holding the quarry use permit shall have the right to appear in person or by counsel and to introduce evidence.

(d)

Decisions. Following the hearing the Planning Commission may modify, revoke, or suspend the quarry use permit.

(e)

Appeals. Such decisions may be appealed to the City Council in the manner set forth in Chapter 4 of Title 1 of this Code.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.12. - Standards for reclamation.

(a)

All reclamation plans shall comply with the provisions of SMARA (sections 2772 and 2773) and State regulations (sections 3500-3505) as may be amended from time to time. 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 (State regulations sections 3700-3713), as may be amended from time to time.

(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 upon completion of all excavation, removal, or fill, as approved by the City Engineer. Each phase of reclamation shall be specifically described in the reclamation plan and shall include (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities; and, (d) estimated cost for completion of each phase of reclamation.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.13. - Statement of responsibility.

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. The Planning Department shall keep said statement 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 Planning Department for placement in the permanent record.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.14. - Financial assurances.

(a)

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the Planning Commission shall require as a condition of approval, security that will be released upon satisfactory performance. The applicant may pose 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 Manager and the State Mining and Geology Board as specified in State regulations, and which the City Manager 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 of Pacifica 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, 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 City Engineer for review. The City Engineer 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 forty-five (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the City has reason to determine that additional costs may be incurred. The City Engineer shall make the final approval of the financial assurance if it meets the requirements of this Chapter, SMARA, and other applicable State Regulations.

(d)

The amount of the financial assurance shall be based upon the estimated cost 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 in the upcoming year. Cost estimates shall 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 Engineer. 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 ten (10%) percent 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 for reclamation of the site.

(f)

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 required).

(g)

The amount of the 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, except 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 City Engineer each year prior to the anniversary date of approval of the financial assurances. The financial assurances shall cover the cost 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.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.15. - Annual report requirements.

Surface mining operators shall forward an annual surface mining report to the State Department of

Conservation and the City Planner on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. The operator shall

forward any applicable fees, together with a copy of the annual inspection report, to the State Department of Conservation at the time of filing the annual surface mining report.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

The City Engineer shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 9-2.15, to determine whether the surface mining operation is in compliance with the permit and reclamation plan, approved financial assurances, and State 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 twelve (12) months, or other qualified specialists, as selected by the City Engineer. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The City shall notify the State Department of Conservation within thirty (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 mining operator. The operator shall be solely responsible for all costs of such inspections, and reporting and providing, to the City Manager, a cash deposit to cover such expenses.

Such inspections may include surveying, if and as necessary, to determine the boundaries of excavations, slopes of cut banks, and other such conditions.

Nothing in this section shall be construed to relieve the owner or operator from paying the business license fee established by section 3-1.313 of Article 3 of Chapter 1 of Title 3 of this Code.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.17. - Maintenance and operation.

(a)

The surface mine premises shall be maintained at all times in a neat and orderly manner.

(b)

The operation pursuant to the quarry use permit shall be conducted in such a manner as to obviate excessive dust and noise. The operator shall maintain haul roads in a dust-free condition providing such surfacing or other treatment deemed necessary by the Planning Commission.

(c)

The holder of the quarry use permit shall be responsible for the prevention of, and clean up of, any spilled or dumped quarried material on City streets or roads.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.18. - Excavations.

(a)

Cut slopes for surface mines shall not be steeper than one and one-half to one (1 ½:1), and fill slopes shall not be steeper than two to one (2:1). Variations may be approved if consistent with the recommendations of a qualified geotechnical engineer, and subject to concurrence by the City Engineer and, where applicable, approval by the Planning Commission.

(b)

Where cut slopes exceed twenty-five (25′) feet vertically, they shall be benched at intervals not exceeding twenty-five (25′) vertically. Such benches shall be ten (10′) feet in width horizontally, shall be constructed of concrete, and shall drain to a storm collector system. Variations may be approved if consistent with the recommendations of a qualified geotechnical engineer, and subject to concurrence by the City Engineer and, where applicable, approval by the Planning Commission.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.19. - Erosion control: Screen planting.

(a)

All surface drainage existing or developing by or through the surface mine shall be controlled by dikes, barriers, or drainage structures to prevent any silt or loose material from filling any existing drainage course or encroaching on State or County roads or private property. All provisions to control natural drainage or floodwater shall meet with the approval of the City Engineer.

(b)

Final cut slopes shall be treated as required to prevent erosion. Topsoil shall be replaced on level areas where necessary to support vegetation. Suitable ground cover shall be planted within six (6) months of the time a cut slope is excavated to its final position. Such ground cover shall be maintained for a period of time sufficient to provide vegetation of a density that will prevent erosion.

(c)

In cases where material in the surface mine is of such nature that no erosion will take place, plant material of a type and quantity specified by the City Planner shall be placed as required to screen cut slopes from the public view.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.20. - Drainage.

(a)

The finished excavation in all surface mines shall be graded in such a manner as to prevent the accumulation of storm waters or natural seepage.

(b)

Finished grades in all surface mines shall have slopes not less than one and one-half (1 ½%) percent.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

All surface mines shall be fenced by the operator with a substantial, neat six (6′) foot fence with posts spaced a maximum of fifteen (15′) feet fence post to fence post and wire spaced one foot apart. The fence design and location shall meet the approval of the City Planner prior to installation.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.22. - Interim management plans.

(a)

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the Planning Department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of the Surface Mining and Reclamation Act, including but not limited to all 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 Planning Department, and shall be processed as an amendment to the reclamation plan. IMPs 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.

(c)

Upon receipt of a complete proposed IMP, the Planning 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 thirty (30) days prior to approval by the Planning Commission.

(d)

Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the City and the operator, the Planning Commission shall review and approve, conditionally approve, or deny the IMP in accordance with this Chapter. The operator shall have thirty (30) days or a longer period mutually agreed upon by the operator and the City, to submit a revised IMP. The Planning Commission may approve, conditionally approve, or deny the revised IMP. The operator may appeal that action to the City Council, pursuant to the provisions of Chapter 4 of Title 1 of this Code.

(e)

The IMP may remain in effect for a period not to exceed five (5) years, at which time the Planning Commission may review the IMP for another period not to exceed five (5) years, or require the surface mining operator to commence reclamation in accordance with the approved reclamation plan.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.23. - Violations and penalties.

If the City, 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 required permit(s) and/or the reclamation plan, the City may follow the procedures set forth in Public Resource Code 2774.1 and 2774.2, as may be amended from time to time, concerning violations and penalties, as well as any other remedy available under state, federal, or local law, including, but not limited to, Chapter 2, Title 1 of this Code and the provisions for modification, revocation, or suspension set forth in this chapter.

tion plan, the City may follow the procedures set forth in Public Resource Code 2774.1 and 2774.2, as may be amended from time to time, concerning violations and penalties, as well as any other remedy available under state, federal, or local law, including, but not limited to, Chapter 2, Title 1 of this Code and the provisions for modification, revocation, or suspension set forth in this chapter.

Further, any surface mining operation or reclamation project set up, altered, constructed, enlarged, converted, operated, or maintained contrary to the provisions of this chapter, or in violation of any provision of a quarry use permit, and/or any use of land or premises established, conducted, operated, or maintained contrary to provisions of this chapter shall be unlawful and a public nuisance.

The remedies provided in this section shall be cumulative and not exclusive.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)

Sec. 9-2.24. - Mineral resource protection.

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 as set forth in the Conservation Element of the Pacifica General Plan.

(§ 1, Ord. 670-C.S., eff. September 8, 1999)