Santa Maria City Zoning Code
CHAPTER 12
47 SURFACE MINING AND RECLAMATION
Section 12-47.01 Purpose and intent.
(b)
The Council finds and declares that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
(c)
The Council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
(d)
The Council further finds that 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 therefore may vary accordingly.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.02 Definitions.
means 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 minerals present.
means to curtail for a period of one year or more surface mining operations by more than 90% of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.
means 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.
means 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.
means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.
means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf.
means the soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.
means any formal authorization from, or approved by, the City, the absence of which would preclude surface mining operations.
means any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the State or any department or agency thereof.
means the 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.
means the State Mining and Geology Board, in the Department of Conservation, State of California.
means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.
means all or any part of the process involved in the mining of minerals on mined 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, borrow pitting, streambed skimming and segregation and stockpiling of mined materials (and recovery of the same). Surface mining operations shall include, but are not limited to:
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/3/94)
Section 12-47.03 Scope.
(a)
The provisions of this chapter shall apply to the incorporated areas of the City of Santa Maria.
(b)
The provisions of this chapter are not 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 and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one location of one acre or less.
(3)
Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden, or involve more than one acre in any one location.
(4)
Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.
(5)
Such other mining operations that the City determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified (no such identifications made as of the effective date of these regulations) by the State Board pursuant to Sections 2714 (d) and 2758 (c) of the California Surface Mining and Reclamation Act of 1975.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.04 Permit and reclamation plan requirement.
(a)
Any person, except as provided in Public Resources Code Section 2776, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain from the City of Santa Maria (1) a conditional use permit to mine in accordance with Chapter 35 of Title 12, and (2) approval of a Reclamation Plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975.
All applications for a Reclamation Plan for surface mining operations shall be made on forms provided by the Planning Division of the City Community Development Department, and as called for by Public Resources Code Section 2776.
(b)
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 chapter as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he/she has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and 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.
A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit to the City Planning Department and receive, within a reasonable period of time, approval of a Reclamation Plan for operations to be conducted after January 1, 1976, unless a Reclamation Plan was approved by the City of Santa Maria prior to January 1, 1976, and the person submitting that plan has accepted the responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this ordinance 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.
(c)
The conditional use permit (CUP) application and proposed Reclamation Plan shall be sent to the director of the Department of Conservation (Department) within 30 days of the filing of the application. The Department shall be provided at least 45 days to review and comment on the Reclamation Plan prior to the City's approval of the Reclamation Plan.
(d)
A fee as established for the permitted uses in the City Fee Ordinance, shall be paid to the City of Santa Maria, Department of Community Development, at the time of filing. This fee may be reviewed and revised by resolution of the City Council.
(e)
Within 90 days of a mine becoming idle, the operator must submit to the City an Interim Management Plan (IMP) for review and approval. The IMP is considered an amendment to the Reclamation Plan and is subject to the City's review per this chapter and the review of the Department of Conservation. Idle mines shall maintain financial assurances and are subject to annual inspections.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.05 Review procedure.
The Planning Division shall review the Conditional Use Permit application, and the Reclamation Plan application and all supporting materials, and shall schedule a public hearing before the Planning Commission within 90 days of the filing of both the complete Conditional Use Permit application and the complete Reclamation Plan application. Such public hearing shall be held by the Planning Commission for the purpose of consideration of the issuance of a Conditional Use Permit for the proposed surface mining operation.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.06 Performance bond or other surety.
Upon a finding by the Planning Commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the Planning Division of the cost of the reclamation of the mined land according to the Reclamation Plan, a surety bond, trust fund, irrevocable letter of credit, or other mechanism adopted by the State Mining Board through the regulatory process conditioned upon the faithful performance of the Reclamation Plan shall be filed with the City Clerk. The Planning Division shall determine the amount of the surety based on the estimated cost of the reclamation of all lands disturbed after January 1, 1976, and lands proposed to be disturbed in the upcoming year. Such surety shall be executed in favor of the City of Santa Maria and the Department of Conservation, reviewed annually, and renewed and revised as necessary. All financial assurances, and amendments thereto, shall be forwarded to the Department of Conservation for review at least 45 days prior to formal City approval of the financial assurance. 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, or other reasonable term.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.07 Public records.
Reclamation Plans, reports, applications, and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the City that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The City shall identify such proprietary information as a separate part of each application. A copy of all permits, Reclamation Pans, 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 of Santa Maria. 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 Public Resources Code Section 2710 et seq.
(Ord. 93-93, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.08 Periodic review.
As a condition of approval for the Conditional Use Permit and/or the Reclamation Plan, annual inspections by the City shall be required. Said inspections shall ensure compliance with the approved Reclamation Plan, financial assurances, and Conditional User Permit conditions. The annual inspections shall be conducted within six months of the City's receipt of the annual reports submitted to the State Mining Board by operators pursuant to Public Resource Code Section 2207. All inspections are to be completed using a form supplied by the Department of Conservation. The operator is responsible for bearing the reasonable cost of such inspections.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.09 Amendments.
Amendments to an approved Conditional Use Permit and/or Reclamation Plan may be submitted to the City at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the City Planning Commission.
Amendments to an approved Conditional Use Permit and/or Reclamation Plan shall be approved by the same procedure as is prescribed for approval of a Reclamation Plan.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.10 Deviations.
Deviations from an approved Reclamation Plan may be allowed upon request of the operator and applicant, and upon a finding by the Planning Commission that each requested deviation is necessary to achieve the prescribed or higher postmining use of the reclaimed land.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.11 Enforcement.
The provisions of this chapter shall be enforced by any authorized member of the Planning Division of the City of Santa Maria or such other persons as may be designated by the City Council.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.12 Appeal.
Any person aggrieved by an act or determination of the Planning Division Administrator in the exercise of the authority granted herein shall have the right to appeal to the Planning Commission and the City Council as provided in Section 12-35.211 of the Santa Maria Municipal Code. Any appeal must be filed on forms provided within 14 days after the rendition, in writing, of the decision.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.13 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)
Section 12-47.14 Ordinance revision.
This ordinance shall be reviewed annually and in coordination with revisions to State Law to ensure that it is in accordance with the State policy for Mined Lands Reclamation. The Public Works Department, and the Community Development Department, shall review this ordinance and make recommendations to the Planning Commission for applicable revisions. Revisions shall be made in accordance with City procedures.
(Ord. 93-23, eff. 8/19/93; Ord. 94-4, eff. 3/31/94)