§ 19.58

The City recognizes that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment as well as protect public health and safety. Therefore, the purpose of this Chapter is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.) as amended, hereinafter referred to as SMARA; Public Resources Code Section 2207; and the California Code of Regulations adopted pursuant thereto (14 California Code of Regulations, Section 3500 et seq.), hereinafter referred to as State Regulations, to ensure all the following:

A.

The adverse environmental and other effects of surface mining will be prevented or minimized, and that mined lands will be reclaimed to usable condition to provide for the beneficial, sustainable, long-term productive use of the mined and reclaimed lands.

B.

The production and conservation of minerals are encouraged while avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to wildlife resources, flooding, erosion, degradation of scenic quality, and noise pollution.

C.

The reclamation of mined lands will be carried out in such a way that the continued mining of valuable minerals will not be precluded.

D.

Residual hazards to the public health and safety will be reduced.

As the State Regulations may be amended from time to time, they 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 the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.

19.58.020 - Applicability

A.

A Surface Mining and Land Reclamation Permit shall be required for all surface mining operations, and for the expansion or substantial change of any surface mining operation.

B.

The provisions of this Chapter shall not apply to the following activities:

1.

Excavations or grading conducted for farming or on-site construction (Public Resources Code Section 2714(a)and(b)).

2.

Prospecting for, or the excavation of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of 1 acre or less (Public Resources Code Section 2714 (d)).

3.

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose (Public Resources Code Section 2714 (e)).

4.

Such other surface mining operations which the State Mining and Geology Board finds are exempt from SMARA provisions because they are of an infrequent nature and involve only minor surface disturbances (Public Resources Code Section 2714 (f)).

5.

Emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies (Public Resources Code Section 2714 (h)).

6.

Surface mining operations conducted on lands owned or leased, or upon which easements or rights-ofway have been obtained by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased or upon which easements or rights-of-way have been obtained by the Central Valley Flood Protection Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with the California Department of Conservation, a Reclamation Plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the Board adopted pursuant to this Chapter (Public Resources Code Section 2714(g) (i) (1)).

7.

Nothing in this Chapter shall require the Department of Water Resources or the Central Valley Flood Protection Board to obtain a permit or secure approval of a Reclamation Plan from the City in order to

conduct surface mining operations specified in Subsection 6, above. Nothing in this Chapter shall preclude the bringing of an enforcement action pursuant to Section 2774.1 of the Public Resources Code if it is determined that a surface mine operator acting under contract with the Department of Water Resources or the Central Valley Flood Protection Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained by the Department of Water Resources or the Central Valley Flood Protection Board, is otherwise not in compliance with Public Resources Code Sections 2710 et seq. (Public Resources Code Section 2714(i)(2).

C.

An exemption under this Ordinance does not exempt a project or activity from the application of other regulations, ordinances or policies of the City, including, but not limited to, application of CEQA (Public Resources Code Sections 2100 et seq.), the requirement of development of other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

The provisions of SMARA, Public Resources Code Section 2207, the State Regulations, and 14 California Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq., hereinafter also referred to as State Regulations, as those provisions 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 the provisions of this Chapter are more restrictive than correlative state provisions, this Chapter shall prevail.

Surface Mining and Reclamation Permits shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a permit application.

The Planning Commission and City Council shall hold public hearings prior to taking action on a Surface Mining and Land Reclamation Permit. The decision on the permit shall be made by the City Council. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

Unless exempted by provisions of this Chapter, any person who proposes to engage in surface mining, or who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations as defined in this Chapter, file with and obtain approval from the City, a Surface Mining and Land Reclamation Permit and a Reclamation Plan in accordance with the provisions set forth in this Chapter and as further provided in Section 2772 et seq., of the Public Resources Code, the State Regulations, and financial assurances for reclamation.

A Reclamation Plan shall be required for all surface mining operations in all land use districts in which surface mining is allowed, as well as for those portions of existing surface mining operations which claim to have vested rights pursuant to Public Resources Code Section 2776, unless otherwise exempted from the requirements of SMARA or as set forth herein (Public Resources Code Section 2770 et seq.).

A.

Within 30 days of acceptance of an application for a Surface Mining and Land Reclamation Permit as complete, the Community Development Director shall notify the Director of the California Department of Conservation of the filing of the application(s) (Public Resources Code Section 2774(e)). Whenever mining operations are proposed in the 100-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by FEMA, and within 1 mile, upstream or downstream, of any state highway bridge, the Planning Department shall also notify Caltrans that the application has been filed (Public Resources Code Section 2770.5).

B.

The Community Development Director shall process the application(s) for environmental review pursuant to CEQA (Public Resources Code Section 21000 et seq.).

C.

Subsequent to the appropriate environmental review, the Community Development Director shall prepare a staff report with recommendations for consideration by the Planning Commission.

D.

The Planning Commission shall hold at least one noticed public hearing on the application for a Surface Mining and Land Reclamation Permit.

E.

Prior to final approval of a Reclamation Plan, financial assurances (as provided in this Chapter), or any amendments to the Reclamation Plan or existing financial assurances, the Planning Commission shall certify to the Director of the state Department of Conservation that the Reclamation Plan and/or financial assurance complies with the applicable requirements of state regulations and submit the plan, assurances and/or amendments to said Director for review (Public Resources Code Section 2774(c)). The Planning Commission may conceptually approve the Reclamation Plan and financial assurance before submittal to the Director of the Department of Conservation. If necessary, to comply with permit processing deadlines, the Planning Commission may conditionally approve the Surface Mining and Land Reclamation Permit with the condition that the Community Development Director shall not issue the permit for the mining operation until financial assurances have been reviewed by the Director of the state Department of Conservation and final action has been taken on the Surface Mining and Land Reclamation Plan and financial assurances by the City Council.

F.

The Director of the state Department of Conservation shall have 45 days to prepare written comments on the Reclamation Plan and financial assurance (Public Resources Code Section 2774(d)). The Community Development Director shall prepare a written response describing the disposition of the major issues raised by the state for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the comments of the Director of the state Department of Conservation, the written response shall address, in detail, why specific comments and suggestions were not accepted (Public Resources Code Section 2774(d)). Copies of any written comments received and responses from the Planning Commission shall be promptly forwarded to the operator/applicant.

th the recommendations and objections raised in the comments of the Director of the state Department of Conservation, the written response shall address, in detail, why specific comments and suggestions were not accepted (Public Resources Code Section 2774(d)). Copies of any written comments received and responses from the Planning Commission shall be promptly forwarded to the operator/applicant.

G.

The Planning Commission shall make a recommendation in writing to the City Council to approve, approve with modifications, or deny the Surface Mining and Land Reclamation Permit and financial assurance.

H.

The City Council shall hold at least one noticed public hearing on an application for a Surface Mining and Land Reclamation Permit in accordance with Section 19.28.100 (Public Hearing and Public Notice).

I.

The City Council shall then take action to approve, conditionally approve, or deny the Surface Mining and Land Reclamation Permit, pursuant to Section 2774 of the Public Resources Code, and to approve the financial assurance pursuant to Section 2773.1 of the Public Resources Code.

J.

The Community Development Director shall forward a copy of each approved Surface Mining and Land Reclamation Permit for mining operations, and a copy of the financial assurance to the Director of the Department of Conservation. By July 1 of each year, the Community Development Director shall submit to said Director for each active or idle mining operation a copy of the Surface Mining and Land Reclamation Permit or Reclamation Plan amendments, as applicable, or a statement that there have been no changes during the previous year (Public Resources Code Section 2774(e)).

Surface mining operators shall forward an annual status report to the Director of the California Department of Conservation and the Community Development Director on a date established by the Director of the Department of Conservation on forms furnished by the State Mining and Geology Board (Public Resources Code Section 2207(a)-(g)).

Surface Mining and Reclamation Plans shall contain the following:

A.

The name and address of the operator and the names and addresses of any persons designated as agents for the service of process or notices, and the name and address of all surface and mineral interests in the lands to be mined.

B.

The size and legal description of the lands that will be affected by such operation; a map that includes the boundaries and topographic details of such lands; a description of the general geology of the area; a detailed description of the geology of the area in which surface mining is to be conducted; the location of all streams, roads, railroads, sewage disposal systems, water wells and utility facilities on the site or within 500 feet of such lands; the location of all proposed access roads to be constructed in conducting the mining operation; and the names and addresses of the owners of all surface and mineral interests of such lands.

C.

The type and amount of mineral commodities to be removed, the amount of waste materials to be retained on the site and the amount of waste materials to be disposed of off-site, including the method and location of disposal of said waste materials.

D.

The proposed dates for the initiation and termination of such operation, and the progression of all operations of the facility, including time frames for each phase and the estimated life of the operation.

E.

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining of each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the mining operation.

F.

Time lags between mining and reclamation and equipment siting, removal or relocation.

G.

The maximum anticipated depth of the surface mining operation.

H.

The location of equipment, stockpiles, settling ponds, interim drainage, machinery, waste dumps and areas to be mined.

I.

A description of the methods to be used to reclaim the land following mining operations, including:

A detailed schedule of the phasing and timing of each stage of reclamation.

2.

A description of the manner of control of contaminants and disposal of mining waste.

3.

A description of the manner in which rehabilitation of affected stream bed channels and stream banks to a condition that minimizes erosion and sedimentation will occur.

4.

A description of the physical condition of the site upon the completion of all reclamation, including the proposed uses or potential uses of the reclaimed site.

5.

Evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses.

J.

An assessment of the effect of implementation of the Reclamation Plan on future mining in the area.

K.

A statement that the applicant or operator accepts responsibility for reclaiming the mined lands pursuant to the plan.

L.

Any other information which the City may require in its review to ensure the proper operation of the use.

All new or revised Reclamation Plans shall conform to minimum statewide performance standards required pursuant to Public Resources Code Section 2773(b) (State Regulations), as adopted by the State Mining and Geology Board, including, but not limited to, wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage and waste management. The City may impose additional performance standards developed in review of individual projects, as warranted.

A.

Surface Mining Permit Findings. The City Council may approve a Surface Mining Permit application, in whole or in part, with or without conditions, only if all the following findings supported by fact can be made:

The proposed use would not impair the integrity and character of the area in which it is to be established or located.

2.

The proposed site is suitable for the type and intensity of the proposed mining operation.

3.

The proposed use will not be detrimental to the public health, safety and/or welfare, or adversely affect properties and improvements in the vicinity.

4.

There are adequate provisions for water, sanitation and public utilities and services to ensure public health and safety.

5.

The proposed use is consistent with SMARA.

6.

The mined lands shall be reclaimed to a usable condition which will be readily adaptable to an alternative land use that is appropriate to the land use district within which the site is located.

B.

Reclamation Plan Findings. The City Council may approve a Reclamation Plan, in whole or in part, with or without conditions, only if all the following findings supported by fact can be made:

1.

That the Reclamation Plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions.

2.

That the Reclamation Plan complies with applicable requirements of the State Regulations.

3.

That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with this Chapter and the goals and policies of the adopted General Plan and any applicable resource plan or element.

4.

That the Reclamation Plan has been reviewed pursuant to CEQA and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

5.

That the land and/or resources such as waterbodies to be reclaimed will be restored to a condition that is compatible with and blends in with the surrounding natural environmental, topography and other resources, or that suitable off-site development will compensate for related disturbances to resource values.

6.

That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan.

Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (see Section 19.58.170 Interim Management Plan for Idle Mining Operations). Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal or fill, as approved by the City. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include:

A.

The beginning and expected ending dates for each phase.

B.

All reclamation activities required.

C.

Criteria for measuring completion of specific reclamation activities.

D.

Estimated costs as provided under Section 19.58.140 (Financial Assurances for Reclamation Plans).

A.

To ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the City shall require, as a condition of approval, security which will be released upon satisfactory performance. The applicant may post security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, trust funds or other method acceptable to the City and the State Mining and Geology Board as specified in statewide regulations adopted by the State Mining and Geology Board, and which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved Reclamation Plan. Financial assurances shall be made payable to the City and the Department of Conservation (Public Resources Code Section 2773.1(a)(4)).

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 waterbodies and water quality; slope stability, erosion and drainage control; disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the plan shall be monitored by the Community Development Director.

C.

The amount of the financial assurances shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved Reclamation Plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year, as provided in Subsection F, below. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator and approved by the Community Development Director. 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 waterbodies, 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.

D.

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 may need to contract with a third party commercial company for reclamation of the site.

E.

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 (Public Resources Code Section 2773.1(a)(2)). If the mining operation is sold, or ownership is otherwise transferred, the existing financial assurances shall remain in full force and shall not be released by the lead agency until new financial assurances are secured by the new owner and have been approved by the lead agency

(Public Resources Code, Section 2773.1(c)). Financial assurances shall be released upon written notifications by the lead agency, which shall be forwarded to the operator and the Director of the Department of Conservation, that the reclamation has been completed in conformance with reclamation (Public Resources Code Section 2773.1(c)).

F.

The amount of financial assurances required of a surface mining operation for any one calendar 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 (Public Resources

Code, Section 2773.1(a)(3)). The financial assurances shall include estimates to cover estimated reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

G.

Revisions to financial assurances shall be submitted to the Community Development Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance 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 submit a written statement indicating why revisions are not required.

As a condition of approval of a Surface Mining and Land Reclamation Permit, an annual review shall be conducted to evaluate and ensure compliance with the approved permit including all applicable conditions imposed thereon by the City Council. The annual review shall be conducted by the Community Development Director, and if it appears that the permittee is not in full compliance therewith, a hearing may be noticed by the Community Development Director for revocation or other appropriate action by the City Council, using the general procedures of this Development Code (Section 19.28.100 Public Hearing and Public Notice), and in compliance with all applicable provisions of state law, including SMARA.

The Community Development Director shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 19.58.090 (Annual Reports), to determine whether the surface mining operation is in compliance with the approved Surface Mining and Land Reclamation Permit, approved financial assurances, and State Regulations [Public Resources Code, Section 2774(b)]. 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 stateregistered forester who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Community Development Director and as retained by City Council. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Community Development Director shall notify the Director of Department of Conservation within 30 days of completion of the

inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

A.

Within 90 days of a surface mining operation becoming idle, as defined in Section 19.06.090 of this Code, the operator shall submit to the Community Development Director a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of Public Resources Code Section 2770(h), and shall provide measures the operator will implement to maintain the site in compliance with

SMARA, including, but not limited to, all conditions of the Surface Mining and Land Reclamation Permit. The proposed IMP shall be processed as an amendment to the Reclamation Plan and shall not be considered a project for the purposes of environmental review.

B.

Financial assurances for idle operations shall be continued as addressed in the Reclamation Plan or as otherwise approved through the proposed IMP of the idle mine.

C.

Upon receipt of a complete proposed IMP, the Community Development Director shall forward the IMP to the Department of Conservation for review. The IMP shall be submitted to the Department of Conservation at least 45 days prior to approval by the Planning Commission.

D.

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Community Development Director and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with this Chapter. The operator shall have 30 days or a longer period mutually agreed upon by the operator and the Community Development Director to submit a revised IMP. The Planning Commission shall approve or deny the revised IMP within 60 days of receipt. If the Commission denies the revised IMP, the operator may appeal that action to the City Council.

E.

The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission may renew the IMP for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan.

If the Community Development Director, 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 and/or the Surface Mining and Land Reclamation Permit, the City shall follow the procedures set forth in Public Resources Code Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of this Development Code for revocation and/or abandonment of a Surface Mining and Land Reclamation Permit which are not preempted by SMARA.

Chapter 19.60 - Historic Preservation