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Compton City Zoning Code

§ 30-25.3

Procedure.

[Added by Ord. #1634, § 9165.3]
The provisions of Section 30-26 shall apply. The following items shall also be submitted with the application for a conditional use permit:
a. 
Reclamation Plan. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the Planning Department, as called for by Section 2772 of the California Surface Mining and Reclamation Act of 1975.
b. 
Performance Bond. Upon a finding by the Planning Director, Chief Building Inspector and City Engineer that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the Planning Department of the cost of the reclamation of the mined land as set forth in the reclamation plan, a surety bond, lien or other security guarantee conditional upon the faithful performance of the reclamation plan, shall be filed with the City Clerk. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period.
c. 
Review of Reclamation Plan. The Planning Director, Chief Building Inspector and City Engineer shall be responsible for the review of the reclamation plan. If the proposed reclamation plan complies with all applicable requirements and standards of both this section and the California Surface Mining and Reclamation Act of 1975, or if it is found that these requirements can be adequately met if specified conditions are observed, the Planning Director shall forward the completed reclamation plan application to the Commission with recommendation that the application for a conditional use permit for a "Surface Mining Operation" be approved, subject to specified conditions. If it is found that the plan cannot be modified to meet the requirements of this section, the Planning Director shall recommend that the application for a conditional use permit be disapproved. In all cases, findings shall be set forth concerning the grounds for approval or disapproval.
d. 
Public Records. Reclamation plans, reports, applications and other documents submitted pursuant to this Chapter shall be public records unless it can be demonstrated to the satisfaction of the City that the release of such information or a part thereof would reveal production, reserves or rates of depletion, data entitled to protection as proprietary information. The City shall identify such proprietary information for each application. A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this Chapter, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines and Geology 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 Section 2778, California Surface Mining and Reclamation Act of 1975.
e. 
Periodic Review. As a condition of approval for the permit, reclamation plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and the reclamation plan.
f. 
Amendments. Amendments to an approved reclamation plan may be submitted to the City at any time, detailing proposed changes from the original plan. Substantial derivations from the original plan shall not be undertaken until such amendment has been both filed with and approved by the City.
g. 
Variance. Variances from an approved reclamation plan may be allowed upon the same request of the operator and applicant, if they are not one and the same, and upon a finding by the Planning Director that each requested variance is necessary to achieve the prescribed or higher post-mining use of the reclaimed land.
h. 
Enforcement. The provisions of this Chapter shall be enforced by any authorized member of the Planning Department or by any other persons so designed by the Council.
i. 
Appeal. The provisions of subsection 30-26.5 shall apply.