B. The purpose and intent of this chapter is to safeguard the continued availability of important mineral resources while regulating surface mining operations as required by the California Surface Mining and Reclamation Act of 1975 (SMARA). These regulations will assure that:

A. Except as provided in this chapter, no person shall conduct a surface mining operation unless a conditional use permit, reclamation plan and financial assurance for reclamation have first been approved by the city. Any applicable exemption from this requirement or other provisions of this chapter does not automatically exempt a project or activity from adhering to other regulations, ordinances or policies of the city or state, including but not limited to, the application of the California Environmental Quality Act (CEQA), other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the city, public and private.

B. This chapter shall not apply to any of the following activities:

A. Application. A conditional use permit shall be required for all applications for a surface mining operation or land reclamation project, including any reclamation plan and financial assurance. The application for the permit shall be filed with the planning director on forms provided by the director, and shall include all information as necessary to meet city ordinances, CEQA, SMARA and any other information that the director finds necessary to ensure that the project can be adequately evaluated.

B. Authority. The planning commission shall have the authority to grant or deny, subject to appeal to the city council, the following:

C. Review Process. The procedures contained in Chapter 17.64 of this code relating to processing a conditional use permit, including, but not limited to, notice, public hearings, permit rights and restrictions, extensions and appeals shall apply to any project regulated by this chapter.

D. Additional Notice. In addition to the notice required under the conditional use procedure and CEQA, notice shall also be provided as follows:

E. Agency Consultation and Comments. In addition to the consultation and comment period required by city ordinance and CEQA, the State Department of Conservation shall be given thirty days to review and comment on a reclamation plan and forty-five days to review and comment on a financial assurance (PRC Section 2774(d)). The planning commission shall consider all written comments received, if any, from the State Department of Conservation and any other person or agency during the comment period.

F. Required Findings. In addition to any findings required by Chapter 17.64 of this code for conditional use permits, an approval for a surface mining operation, reclamation plan and financial assurance shall include findings that the project complies with the provisions of SMARA and related state regulations.

G. Distribution of Final Decision. In addition to the final decision being distributed to interested persons and/or agencies as may be required by city ordinance and CEQA, a copy of each approved and/or amended conditional use permit for a surface mining operation, reclamation plan and/or financial assurance shall also be forwarded to the State Department of Conservation.

H. Amendments. Amendments to any approved surface mining operation, reclamation plan and/or financial assurance, shall be processed in the same manner as a new application. (Ord. 5020 § 24, 2020; Ord. 3943 § 5, 1999; prior code § 17.75.050)

A. All reclamation plans shall comply with the provisions of SMARA (Sections 2772 and 2773) and state regulations (CCR Sections 3500-3505). 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 (CCR Sections 3700-3713).

B. The city may impose additional performance standards as developed either in review of individual projects through the conditional use permit process, as warranted, or through the formulation and adoption of citywide 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. Each phase of reclamation shall be specifically described in the reclamation plan and shall include the beginning and expected ending dates for each phase, all reclamation activities anticipated and estimated costs for completion of each phase of reclamation.

D. The reclamation plan shall remain in effect until all components are satisfied. It shall be binding to any new operator or owner that may assume control of the surface mining operation. (Ord. 3943 § 5, 1999; prior code § 17.75.060)

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 of reclaiming mined land. The applicant may pose security in the form of a surety bond, trust fund, an irrevocable letter of credit from an accredited financial institution, or other method acceptable to the city and the State Department of Mining and Geology Board as specified in regulation, and which the city reasonably determines is adequate to perform reclamation in accordance with the reclamation plan. Financial assurance shall be made payable to both the city and the State Department of Conservation.

B. Financial assurance shall 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 habitats, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials and other measures as may be appropriate by the planning commission.

C. Cost estimates for the financial assurance shall be submitted to the planning director as part of the initial application for the surface mining operation. The planning director 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 does not comment within the required review period, it shall be assumed that the cost estimates are adequate. The planning commission shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA and related state regulations.

D. The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the reclamation plan, including any maintenance of reclaimed areas as may be required. Cost estimates shall be prepared by a qualified professional retained by the operator that has been approved by the planning director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the reclamation plan, including administrative costs. Financial assurance 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 percent shall be added to the cost of financial assurances.

E. In projecting the costs of financial assurance, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city may need to contract with a third party commercial company for reclamation of the site.

F. The financial assurance shall remain in effect for the duration of the surface mining operation. (Ord. 3943 § 5, 1999; prior code § 17.75.070)

A. Within ninety days of a surface mining operation becoming idle, the operator shall submit to the planning director a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA and the approved conditional use permit, 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 processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review as specified under SMARA.

B. Financial assurances for idle operations shall be maintained as though the operation were active.

C. 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 the approved reclamation plan. (Ord. 3943 § 5, 1999; prior code § 17.75.080)

A. Report Submittal. Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the planning director 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 days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

B. Inspections. The planning director, or his or her designee, shall inspect a surface mining operation within six months of receipt of the annual report to determine whether the surface mining operation is in compliance with the approved conditional use permit, reclamation plan, financial assurance and state regulations. In no event shall less than one inspection be conducted in any calendar year. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. (Ord. 3943 § 5, 1999; prior code § 17.75.090)