1. This subchapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Cal. public Resources Code Division 2, Chapter 9 (commencing with § 2710).
2. The Council hereby finds and declares:
   1. The continued, and potential, extraction of minerals is essential to the continued economic well-being of the city, and to the needs of society, and the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety;
   2. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly; and
   3. Surface mining will only be considered and allowed in the zoning districts which specifically allow mineral extraction through a use permit.

(1973 Code, § 9-4.2401) (Ord. 831, eff. 12-10-1986)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EXPLORATION or PROSPECTING. The search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to sampling, assaying, drilling or any surface or underground work needed to determine the type, extent or quantity of minerals present.

MINED LANDS. The surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.

MINERAL. 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.

MINING WASTE. The residual of soil, rock, minerals, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

OPERATOR. any person who is engaged in surface mining operations himself or herself, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.

OVERBURDEN. Soil, rock, or other materials which lie above a natural mineral deposit or in between deposits before or after their removal by surface mining operations.

PERMIT. Any formal authorization from, or approval by, the city, the absence of which would preclude surface mining operations.

PERSON. Any individual, firm, association, corporation, organization or partnership, or any city, county, district or the state, or any department or agency thereof.

RECLAMATION. The process of land treatment which minimizes water degradation, air pollution, damages to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to the public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction or stabilization.

STATE BOARD. The State Mining and Geology Board in the Department of Conservation of the state.

STATE GEOLOGIST. An individual holding office as structured in Cal. Public Resources Code Division I, Chapter 2, Article 3, § 677.

SURFACE MINING OPERATION. All or any part of the process involved in the mining of minerals on mined lands or unmined 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 OPERATION shall include, but not be limited to:

1. To place distillation, retorting or leaching;
2. The production and disposal of mining waste; and
3. Prospecting and exploratory activities.

(1973 Code, § 9-4.2402) (Ord. 831, eff. 12-10-1986)

1. The provisions of this subchapter shall apply to the incorporated areas of the city.
2. The provisions of this subchapter shall not be applicable to:
   1. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;
   2. Prospecting for, or the extraction of, minerals for commercial purposes in total amounts of less than 1,000 cubic yards (including overburden removal) in any 1 location of one acre or less which is not within 1,000 feet of any incompatible land use;
   3. Surface mining operations which are required by federal laws in order to protect a mining claim if the operations are conducted solely for the purpose; and
   4. Other mining operations which the city determines to be of an infrequent nature and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to subsection (d) of § 2714 and subsection (c) of § 2758 of the California Surface Mining and Reclamation Act of 1975.

(1973 Code, § 9-4.2403) (Ord. 831, eff. 12-10-1986)

1. Any person, except as provided in § 2776 of the California Surface Mining and Reclamation Act of 1975, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain a conditional use permit according to the city zoning provisions to mine and the approval of a reclamation plan in accordance with the provisions set forth in this subchapter and as further provided in Article 5 of the California Surface Mining and Reclamation Act of 1975. The fees for the use permit and reclamation plan evaluation shall be paid at the time of filing. The fees shall be established by Council resolution and shall include reimbursement to the city for all costs of review, processing and implementation.
2. The requirements of the California Environmental Quality Act guidelines shall apply where applicable.
3. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the Planning Department and as called for by § 2772 of the California Surface Mining and Reclamation Act of 1975.
4. No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this subchapter so long as the vested right continues provided no substantial change is made in the operation, except in accordance with the provisions of this subchapter. A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and as in such permit or other authorization which was required, diligently commenced surface mining operations and incurred substantial liabilities for work and the materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.
5. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the Planning Department and receive, within a period of 12 months, the approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting the plan has accepted responsibility for reclaiming the mined lands in accordance with the plan. Nothing in this subchapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.
6. The state geologist shall be notified of the filing of all permit applications.
7. This subchapter shall be continuously reviewed and revised as necessary in order to ensure that it is in accordance with the state policy for mined land reclamation.

(1973 Code, § 9-4.2404) (Ord. 831, eff. 12-10-1986)

1. The Planning Director shall review the use permit application and the reclamation plan and shall schedule a public hearing within a reasonable period of time after the filing of the permit application, reclamation plan and the initial environmental study.
2. The public hearing on the use permit and reclamation plan shall not take place until the initial environmental evaluation has been completed as provided for in the city guidelines for implementing the California Environmental Quality Act.
3. The city's process provides for the possible involvement of the United States Soil Conservation Service (SCS), the hiring of an outside consultant retained by the city at the applicant's expense, or the use of city staff to conduct the studies.
4. The public hearing shall be held by the Commission for the purpose of the consideration of the issuance of the use permit for the proposed surface mining operation.

(1973 Code, § 9-4.2405) (Ord. 831, eff. 12-10-1986; Am. Ord. 88-3, eff. 5-11-1988)

The Commission, in the approval of a reclamation plan, by affirmative vote of not less than a majority of its members present, shall find as follows:

1. The reclamation plan minimizes water degradation, air pollution, damages to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations;
2. The reclamation plan restores the mined lands to a usable condition which is readily adaptable for alternative land uses; and
3. The reclamation plan restores the mined lands to a condition which creates no danger to the public health or safety.

(1973 Code, § 9-4.2406) (Ord. 831, eff. 12-10-1986)

1. Upon a finding by the Commission that a supplemental guarantee for the reclamation of the mined lands is necessary, and upon the determination by the Planning Department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond or other security guarantee conditioned upon the faithful performance of the reclamation plan shall be filed with the office of the City Treasurer.
   1. The surety shall be executed in favor of the city and reviewed and revised, as necessary, biannually.
   2. The surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approval or amended reclamation plan during the succeeding 2-year period or other reasonable term.

(1973 Code, § 9-4.2407) (Ord. 831, eff. 12-10-1986)

1. The reclamation plans, reports, applications and other documents submitted pursuant to this subchapter are public records, unless it can be demonstrated to the satisfaction of the city that the release of the information, or part thereof, would reveal the production, reserves or rate of depletion entitled to protection as proprietary information.
2. The city shall identify such proprietary information as a separate part of each application. A copy of all use permits, reclamation plans, reports, applications and other documents submitted pursuant to this subchapter, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines by the city. Proprietary information shall be made available to persons other than the state geologist only when authorized by the mine operator and by the mine owner in accordance with § 2778 of the California Surface Mining and Reclamation Act of 1975. All application materials shall be available for use by the city or its review consultants.

(1973 Code, § 9-4.2408) (Ord. 831, eff. 12-10-1986)

As a condition of the approval of the use permit or the reclamation plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the use permit and the reclamation plan. The applicant shall post a bond to cover the costs of the reviews. The amount of the bond shall be set by the Council through the permit process.

(1973 Code, § 9-4.2409) (Ord. 831, eff. 12-10-1986)

1. An amendment involves a change in the area or scope of operation, the ultimate physical condition of the site, or the proposed use of the land as reclaimed.
2. Amendments to an approved reclamation plan may be submitted to the Planning Department at any time, detailing proposed changes from the original plan. Minor deviations may be approved by the staff. Substantial deviations from the original plan shall not be undertaken until such amendments have been filed with, and approved by, the Commission.
3. Substantial amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for the approval of a reclamation plan.

(1973 Code, § 9-4.2410) (Ord. 831, eff. 12-10-1986)

A variance is a deviation from the reclamation plan in the method, sequence or timing to be used in bringing the reclamation of the land to its end state. A variance from an approved reclamation plan may be allowed on the request of the operator and applicant upon a finding by the Commission that the variance is necessary to achieve the prescribed or a higher post-mining use of the reclaimed land.

(1973 Code, § 9-4.2411) (Ord. 831, eff. 12-10-1986)

Whenever 1 operator succeeds to the interest of another in any incomplete surface mining operation by a sale, assignment, transfer, conveyance, exchange or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this subchapter.

(1973 Code, § 9-4.2412) (Ord. 831, eff. 12-10-1986)