This chapter provides procedures implementing the State Surface Mining and Land Reclamation Act of 1975 (Public Resources Code § 2710 et seq.), for existing legal nonconforming facilities, consistent with the following policies:

(a)

Adverse environmental effects shall be prevented or minimized and mined land shall be reclaimed to a condition adaptable for subsequent land uses.

(b)

The production and conservation of minerals are encouraged, recognizing the importance of recreation, watershed, wildlife, range, forage, and aesthetic enjoyment considerations.

(c)

Residual hazards to the public health and safety shall be eliminated.

(d)

Regulation of surface mining and reclamation operations shall be appropriate to the geologic, topographic, climatic, biologic and social conditions of the specific area being mined.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

All definitions contained in the State Surface Mining and Land Reclamation Act of 1975 (Public Resources Code § 2710 et seq.), are incorporated herein by reference. The following words, phrases, and terms as used in this chapter shall have the meaning as indicated below:

(1)

Board. The State Mining and Geology Board, established pursuant to State law (Public Resources Code § 660).

(2)

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 works needed to determine the type, extent, or quantity of mineral present.

(3)

Hazardous excavation. An unattended pit, shaft, portal or other surface opening which if not secured by covering, fencing, or having access restricted by gates, doors, or other reasonable means presents a threat to the physical safety of the public.

(4)

Minerals. 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.

(5)

Plan. A document(s) delineating the proposed program for mining and reclaiming operations of all lands to be affected by the proposed activities.

(6)

State geologist. The individual holding office as provided in state law (California Public Resources Code § 677).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The provisions of this chapter are not applicable to activities excepted under the provisions of the State Surface Mining and Land Reclamation Act of 1975.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The existence of vested rights, and the application of this chapter to these rights, shall be determined in compliance with the State Surface Mining and Land Reclamation Act of 1975.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Except as provided in the State Surface Mining and Land Reclamation Act of 1975, any person who proposes to engage in a surface mining activity shall, prior to the commencement of the operations as defined in this chapter, file and obtain approval from the commission and council of a plan and conditional use permit pursuant to the requirements of this chapter and chapter 9.48 (Conditional Use Permits).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The plan shall be prepared by the applicant and filed with the department for processing. The submitted plan shall include the following information and documents:

(a)

The name and address of the operator and the names and addresses of any persons designated as agent(s) for the service of process or notices.

(b)

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted.

(c)

The proposed dates for the initiation and termination of the surface mining operation.

(d)

The maximum anticipated depth of the surface mining operation.

(e)

The size and legal description of the lands that will be affected by the operation, a map that includes the boundaries and topographic details of these 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, and utility facilities within or adjacent to these lands, the location of all proposed access roads to be constructed in conducting the operation, and the names and addresses of all persons having an interest in the surface and mineral interests of these lands.

(f)

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 on 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 surface mining operation.

(g)

A description of the proposed use or potential uses of the land after reclamation and written evidence that all owners of interests in the land have been notified of the proposed use or potential uses.

(h)

A description of the manner in which reclamation, adequate for the proposed use or potential uses will be accomplished, including a description of the manner of control of contaminants and disposal of mining waste and a description of the manner in which rehabilitation of affected stream bed channels and stream banks to a condition minimizing erosion and sedimentation will occur.

(i)

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

(j)

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands pursuant to the plan.

(k)

Any other information which the city may require by ordinance, motion or resolution.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The plan shall be applicable to a specific parcel(s) and shall be based upon the character of the surrounding area and the features of the property as to type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

An application fee for the purpose of processing the plan and conditional use permit shall be paid to the city at the time of filing. The amount of the required application fee shall be the same as for a conditional use permit pursuant to chapter 9.55 (Applications and Fees).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon completion of the required environmental studies and the filing of all documents required by this code, a public hearing shall be scheduled for commission consideration and recommendation regarding the plan and the companion conditional use permit for the existing surface mining operation pursuant to chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The commission shall make a written recommendation to the council on the proposed plan and companion conditional use permit whether to approve, approve in modified form or disapprove, based upon the findings contained in section 9.48.025.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon receipt of the commission's recommendation, the council may approve, approve in modified form or disapprove the proposed plan and companion conditional use permit based upon the findings contained in section 9.48.025.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

As a condition of approval for the plan and the companion conditional use permit, a periodic review schedule shall be established and maintained to evaluate compliance with the approved plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)