(A)   Any person, except as provided in Cal. Pub. Res. Code § 2776, who proposes to engage in surface mining operations must, prior to the commencement of such operations, obtain the following:

      (1)   A conditional use permit to mine in accordance with Chapter 16.218 of this Title 16.

      (2)   Approval of a reclamation plan in accordance with Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16 and as further provided in Cal. Pub. Res. Code § 2770 et seq.

   (B)   No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1975 will be required to secure a conditional use permit as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16. A person will be deemed to have such vested rights if, prior to January 1, 1976, that person has in good faith and in reliance upon a conditional use permit, if such a permit was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the operation.

   (C)   A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 must submit to the Planning Director a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. The reclamation plan will be approved or denied within three months of the date the Director deems the plan complete.

   (D)   Nothing in Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16 will be construed as requiring the filing of a reclamation plan or the reclamation of mined lands on which surface mining operations were conducted prior to but not after January 1, 1976.

(Ord. 1103, passed 3-7-05)

   The owner, lessor, lessee, agent, manager, or other person in charge of any mining operation of whatever kind or character within the state must forward to the Director of the State Department of Mines and Geology and the city not later than July 1, 1991, and every year thereafter not later than an anniversary date established by the Director, upon forms which are supplied by the state, a report which contains all the required information specified in Cal. Pub. Res. Code § 2207 et. seq.

(Ord. 1103, passed 3-7-05)

   (A)   The state geologist will be notified of the filing of all applications.

   (B)   Required reclamation plans must consist of at least those items as outlined in Cal. Pub. Res. Code § 2770 et seq.

(Ord. 1103, passed 3-7-05)

   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 Director of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other security guarantee conditioned upon the faithful performance of the reclamation plan must be filed with the City Clerk. The surety must be executed in favor of the city and will be reviewed and revised, as necessary, bi-annually. The surety must 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. 1103, passed 3-7-05)

   As a condition of approval for the conditional use permit or the reclamation plan or both, a schedule for periodic inspections of the site will be established to evaluate continuing compliance with the permit and the reclamation plan.

(Ord. 1103, passed 3-7-05)

   Amendments to an approved conditional use permit for surface mining activity or to an approved reclamation plan must be processed in the same manner as the original permit application.

(Ord. 1103, passed 3-7-05)