Chula Vista City Zoning Code
19.69 Surface
Mining Operations
19.69.010 Purpose and intent.
The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California’s Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as “SMARA,” Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as “state regulations”) for surface mining and reclamation practice to ensure that:
A. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.
B. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.
C. Residual hazards to the public health and safety are eliminated. (Ord. 2921 § 3, 2003).
19.69.020 Scope.
Except as provided in this chapter, no person shall conduct surface mining operations, as defined in CVMC 19.04.002, unless the City has first approved a conditional use permit pursuant to CVMC 19.14.060 through 19.14.130, a reclamation plan, and financial assurances for reclamation.
Activities not subject to these regulations are those listed in the Surface Mining and Reclamation Act of 1975 (PRC Section 2714). Any applicable exemption from these requirements does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the City, including but not limited to, the California Environmental Quality Act (CEQA), the requirement of building permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. (Ord. 2921 § 3, 2003).
19.69.030 Definitions.
Unless otherwise stated, the following definitions pertain to this chapter:
“Borrow pits” means excavations created by the surface mining of rock, geologic deposits or soil to provide material (borrow) for use elsewhere.
“Idle mining operations” means to curtail a surface mining operation for a period of one year or more by more than 90 percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.
“Mined lands” means 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.
“Operator” means any person or business entity who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.
“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures. (Ord. 2921 § 3, 2003).
19.69.040 Vested rights.
No person who obtained a vested right to conduct surface mining operations in accordance with the California Surface Mining and Reclamation Act of 1975 (SMARA) shall be required to secure a conditional use permit to mine pursuant to the provisions of this chapter; provided, that no change or expansion of use has occurred beyond those vested rights. (Ord. 2921 § 3, 2003).
19.69.050 Incorporation by reference.
The provisions of SMARA (PRC Sections 2710 et seq.), PRC Sections 2207, state regulations CCR Sections 3500 et seq. and CCR Sections 3700 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail. (Ord. 2921 § 3, 2003).
19.69.060 Conditional use permit, reclamation plan and financial assurance process.
A. Conditional Use Permits.
1. All applications for a conditional use permit for surface mining shall be made, considered and granted or denied pursuant to CVMC 19.14.060 through 19.14.130 and 19.54.010, and shall be accompanied by an application for a reclamation plan, and financial assurances in accordance with the provisions set forth in this chapter and as further required by SMARA and state regulations.
2. Within 30 days of acceptance of an application for a conditional use permit for surface mining operations as complete, the City shall notify the State Department of Conservation of the filing of the application.
B. Reclamation Plans and Financial Assurances.
1. All reclamation plans shall include all elements required by and comply with the provisions of SMARA (Sections 2772 through 2773), state regulations (CCR Sections 3500 through 3505), and any additional information necessary to evaluate the proposed plan. All engineering plans and geological analyses shall be approved and signed by a civil engineer and a geologist, respectively, both of which are licensed to practice in the state of California.
2. Prior to final approval of a reclamation plan or financial assurances, the City shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan and/or assurance to the State Department of Conservation for review, pursuant to PRC Section 2774(d). The City shall evaluate written comments received, if any, from the State Department of Conservation. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the City Council’s approval. (Ord. 2921 § 3, 2003).
19.69.070 Standards for reclamation.
A. All reclamation plans shall comply with the provisions of SMARA (Sections 2772 and 2773) and state regulations (CCR Sections 3500 through 3505). All new reclamation plans, and any existing reclamation plans for which a modification is proposed, shall also comply with the requirements for reclamation performance standards in CCR Sections 3700 et seq., as may be modified 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 on completion of all excavation, removal, or fill, as approved by the City. Each phase of reclamation shall be specifically described in the reclamation plan and shall include (1) the beginning and expected ending dates for each phase; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation. (Ord. 2921 § 3, 2003).
19.69.080 Findings for approval.
A. Conditional Use Permit Approvals. In addition to the findings required by CVMC 19.14.080, conditional use permit approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.
B. Reclamation Plan Approvals. In addition to the findings required by the City for the conditional use permit, approvals for reclamation plans for surface mining operations shall include the following findings:
1. That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions, and with applicable requirements of state regulations (CCR Sections 3500 through 3505, and Sections 3700 through 3713).
2. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter, the City’s General Plan and any applicable resource plan or element.
3. That the reclamation plan has been reviewed pursuant to CEQA 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 as determined the CEQA document either through adoption of mitigation measures or a statement of overriding considerations.
4. That the land and/or resources to be reclaimed will be restored to a condition that is compatible with, and blends in with, the existing surrounding natural environment, topography, and other resources or land uses. If the City determines that on-site restoration is not feasible, suitable off-site lands may be set aside to compensate for related disturbance to resource values.
5. That 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 and multiple species conservation program (MSCP).
6. That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the City’s position is at variance with the recommendations and objections raised by the state, said response shall address, in detail, why specific comments and suggestions were not accepted. (Ord. 2921 § 3, 2003).
19.69.090 Financial assurances for reclamation.
A. Financial assurances 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 habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.
B. Cost estimates for the financial assurance shall be submitted to the Planning Department for review and approval prior to the operator securing financial assurances. The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan.
C. 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 may need to contract with a third-party commercial company for reclamation of the site.
D. Financial assurances shall be in a form and an amount satisfactory to the City Attorney and City Risk Manager and may include the following:
1. Surety bond issued by a California admitted surety insurer;
2. Irrevocable letter of credit.
E. Revisions to financial assurances shall be submitted to the Director of Development Services, or designee, 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 explain, in writing, why revisions are not required.
F. The financial assurances shall remain in effect and shall be released when the City determines that reclamation has been completed in accordance with the approved reclamation plan. If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in full force and effect and shall be released by the City upon receipt of financial assurances from the new owner in a form and an amount satisfactory to the City Attorney and Risk Manager. (Ord. 3544 § 1, 2023; Ord. 2921 § 3, 2003).
19.69.100 General provisions.
A. Whenever any uncompleted surface mining operation or portion of an operation that is subject to this chapter is sold, assigned, conveyed, exchanged, or otherwise transferred, the successor in interest shall be bound by the provisions of the reclamation plan required by this chapter.
B. Nothing in this chapter shall exempt the operator from complying with the regulations of the State Water Resources Control Board, and the San Diego regional water quality control board, as well as the City of Chula Vista grading and storm water management and discharge control ordinances.
C. All mining and other related mining activities shall be consistent with the objectives, guidelines, and recommendations in the City’s General Plan, the California Surface Mining and Reclamation Act of 1975, City of Chula Vista grading ordinance, and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Industrial Activities, and air pollution control district regulations as each may be amended from time to time.
D. All mining and other related mining activities must be consistent with Article 77 of Uniform Fire Code and all blasting activities are subject to any and all permits required by the Chula Vista Fire Department. (Ord. 2921 § 3, 2003).
19.69.110 Modification to approved surface mining operation.
An approved conditional use permit, reclamation plan, or any conditions thereof, may be revised or modified in the same manner as provided for a new application, including the requirement for environmental impact review. Requests for minor modifications may be submitted to the Director of Development Services, or designee. If in the Director’s sole determination the requested modification is in substantial conformance with approved plans, the Director may approve said modification. (Ord. 3544 § 1, 2023; Ord. 2921 § 3, 2003).
19.69.120 Inspection, reporting and violations.
A. Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the City. New mining operations shall file an initial surface mining report with the State Department of Conservation within 30 days of permit approval, or before commencement of operations, whichever is sooner.
B. A schedule of periodic inspections by the City of the site shall be established to evaluate continuing compliance with the conditional use permit and the reclamation plan. The inspections shall occur no less frequently than once per calendar year and within six months of receipt of the annual report.
C. The operator shall provide to the Director of Engineering, by each July 1st, aerial photographs of the mining site taken in the same month of the second quarter of each year. The aerial photographs shall consist of:
1. Defined, marked and permanent ground controls; and
2. Planimetric map of the mining site based on the aerial models with five-foot contours and drawn to one inch equals 200 feet scale.
Upon the request of an operator, the Director of Engineering may waive the requirement for the aerial photographs on a case by case basis, such as when no excavation has been accomplished since the last inspection, or may adjust the quarter of each year in which the aerial photographs are taken.
D. If the City finds the operator is not in compliance with the provisions of the conditional use permit, reclamation plan and/or the provisions of this chapter, the subject violations will be handled in conformance with PRC Sections 2774.1 and 2774.2, as well as the provisions of the Chula Vista Municipal Code concerning violations and penalties.
E. Each operator shall pay an annual inspection deposit to the City by July 1st of each year unless otherwise stated in an approved reclamation plan. (Ord. 2921 § 3, 2003).
19.69.130 Idle mining operations.
A. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the City a proposed interim management plan (IMP). The proposed IMP shall 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 City, and shall be processed as an amendment to the reclamation plan.
B. The IMP may remain in effect for a period not to exceed five years, at which time the City may renew the IMP for another period not to exceed five years, or require the operator to commence reclamation in accordance with its approved reclamation plan.
C. Financial assurances for idle operations shall be maintained as though the operation were active. (Ord. 2921 § 3, 2003).