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HomeMy WebLinkAbout1678 ORDINANCE NO. 1678 AN ORDINANCE OF THE CITY OF ARCADIA ADDING A NEW CHAPTER 5 TO ARTICLE IX OF THE ARCADIA MUNICIPAL CODE ESTABLISHING PROCEDURES FOR SURFACE MINING PERMITS AND FOR REVIEW OF RECLAMATION PLANS. ORDAIN AS THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY FOLLOWS: SECTION 1. amended by adding as follows: "ARTICLE IX. CHAPTER 5. PART 1. to That the Arcadia Municipal Code Article IX thereof a new Chapter is hereby 5 to read DIVISION AND USE OF LAND MINING PERMITS AND RECLAMATION PLANS PURPOSE, INTENT, DEFINITIONS AND SCOPE 9510. PURPOSE AND INTENT. (al This Chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code. 9510.1. The City Council hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the City of Arcadia and to the needs of the society, and that the reclama- tion of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. 9510.2. The City 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. 9510.3. The City 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 opera- tions and the specifications therefore may vary accord- ingly. 9511. DEFINITIONS. For the purpose of this Chapter, certain words and terms are hereinafter defined and shall have the meaning thus ascribed. 9511.1. "Exploration" or "prospecting" means the search for minerals by geological, geophysical, geo- chemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or under-. ground works needed to determine the type, extent, or quantity of minerals present. 9511. 2. "Mined Lands": Includes the surface, sub- surface, and groundwater of an area in which surface mining operations will be, are being, or have been con- ducted, 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. -1- 1678 9511.3. "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. 9511.4. "Mining Waste": Includes 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. 9511.5. "Operator":' Any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf. 9511.6. "Overburden": 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. 9511. 7. "Permit": Any formal authorization from, or approved by, the City of Arcadia the absence of which would preclude surface mining operations. 9511.8 "Person": Any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof. 9511.9. "Reclamation": 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 compac_ tion, stabilization, or other measures. 9511.10. "State Board": State Mining and Geology Board, in the Department of Conservation, State of California. 9511.11. "State Geologist": Individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code. 9511.12. "Surface Mining Operations": Allor 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. Surface mining operations shall include, but are not limited to: (1) Inplace distillation, retorting or leaching. (2) The production and disposal of mining waste. (3) Prospecting and exploratory activities. 9512. SCOPE. The provisions of this Chapter shall apply to all areas of the City of Arcadia. -2- '1678 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 1000 cubic yards of overburden is re- moved in anyone location of one acre or less. (3) Any surface mining operation that does not involve either the removal of a total of more than 1000 cubic yards of minerals, ores, and overburden, or involve more than one acre in anyone 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 of Arcadia determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identi- fied by the State Board pursuant to Sections 2714(d) and 2758(c) of the Public Resources Code. California Surface Mining and Reclamation Act of 1975. -3- 1678 ARTICLE IX. CHAPTER 5. PART 2. DIVISION AND USE OF LAND MINING PERMITS AND RECLAMATION PLANS GENERAL 9520. PERMIT AND RECLAMATION PLAN REQUIREMENT. Except as provided in Section 2776 of the Public Resources Code, as amended from time to time, no person shall engage or commence to engage in surface mining operations as defined in this Chapter without first obtaining a permit to mine and approval of a reclamation plan, in accordance with the pro- visions set forth in this Chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. A fee as established for the permitted uses in a City fee resolution shall be paid to the City of Arcadia at the time of filing. All applications for a Reclamation Plan for surface mining operations shall be made on forms provided by the City Planning Department, and as called for by Section 2772 of California Surface Mining and Reclamation Act of 1975. 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 has in good faith and in reliance upon a permit or other authorization, if such per- mit 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 toa 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 period of 24 months, approval of a Reclamation Plan for operations to be conducted after January 1, 1976, unless a Reclamation Plan was approved by the City of Arcadia prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaim- ing the mined lands in accordance with that plan. Nothing in this Chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining oeprations were conducted prior to, but not after, January 1, 1976. The State GeOlogist shall be notified of the filing of all permit applications. This Chapter shall be continuously reviewed and revised, as neces- sary, in order to ensure that it is in accordance with the state policy for mined lands reclamation. 9521. REVIEW PROCEDURE. The.Planning Department shall review the permit application, reclamation plan and appropriate environmental documents and schedule a public hearing within sixty (60) days of the date the Planning Director deems the aforesaid material filed. Said public hearing shall be held by the Planning Commission for the purpose of consideration of the issuance of a permit for the proposed mining operation. 9521.1. PREREQUISITE CONDITIONS. Before a surface mining permit may be granted and before a reclamation plan may be approved, it shall be shown: 1. That the granting of the permit or approval of the plan will not be detrimental to the public health, welfare or safety or injurious to the property in such zone or vicinity. -4- 1678 2. That 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. 3. That the utilization of such permit or implementation of such plan will be in compliance with the Arcadia Municipal Code and will not adversely affect the comprehensive general plan. 4. That such plan or permit will encourage the production and conservation of minerals and will give consideration to values relating ,to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment. 9521.2. FINDINGS. Written findings of fact shall be made for each approval or denial of a plan or permit. 9521.3. CONDITIONS OF APPROVAL. The approval of any plan or permit may be subject to conditions set forth in the find- ings of fact. Any plan or permit may be revoked by the same procedure by which it is granted if conditions of approval are not complied with or for violation of any law or regulation. 9522. APPEAL. An appeal of the determination by the Planning Di~ector in the exercise of the authority granted herein may be made to the Planning Commission. Appeal of a Planning Commission decision may be made to the City Council. All appeals must be filed within five (5) working days after a decision and must be accompanied by an appeal fee equal to one-half the amount of the application fee. 9523. PERFORMANCE BOND. Upon a finding by the City of Arcadia 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 according to the Reclamation Plan, a surety bond, lien, or other security guarantee conditioned upon the faith- ful performance of the Reclamation Plan shall be filed with the Planning Department in a form and with content approved by the City Attorney. Such surety shall be executed in favor of the City of Arcadia and reviewed and revised, as necessary. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as pre- scribed in the approved or amended Reclamation Plan during the succeeding two-year period, or other reasonable term. 9524. PUBLIC RECORDS. Reclamation Plans, reports, applica- tions, and other documents submitted pursuant to this Chapter, are public ~ecords unless it can be demonstrated to the satis- faction of the City of Arcadia that the release of such informa- tion, or pa~t thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary informa- tion. The City of Arcadia shall identify such proprietary information as a separate part of 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 of Arcadia. Proprietary information shall be made avail- able to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778 of the Public Resources Code as amended from time to time. -5- 1678 . 9525. PERIODIC REVIEW. As a condition of approval for the Permit or the Reclamation Plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the Permit and Reclama- tion Plan. 9526. AMENDMENTS. Amendments to an approved Reclamation Plan may be submitted to the City of Arcadia 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 of Arcadia. Amendments to an approved Reclamation Plan shall be approved by the same procedure as is prescribed for approval of a Reclamation Plan. 9527. Plan may if they City of achieve land. VARIANCE. Variances from an approved Reclamation be allowed upon request of the operator and applicant, are not one and the same, and upon a finding by the Arcadia that each requested variance is necessary to the prescribed or higher post-mining use of the reclaimed 9528. ENFORCEMENT. The provisions of this Chapter shall be enforced by any authorized member of the Planning Department of the City of Arcadia or such other persons as may be designated by the Council." SECTION 2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a mis- demeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of whicn any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 3. In addition to the penalties provided in the pre- ceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or uncon- stitutional. SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the pro- secution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash -6- 1678 depo~it in lieu thereof, required to be posted, filed or deposited pu~suant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance Bnd shall cause the same to be pubished in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 5th day of June, 1979. SIGNED AND APPROVED this 5th day of June, 1979. ---6fd:!. C!!~f f:r:::::crA ATTEST: c::~~~ City Clerk of the City iff Arcad1a I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 5th day of June, 1979 ,by the affirma- tive vote of at least three Councilmen, to wit: AYES: NOES: Councilmen Gilb, Parry, Pellegrino, SBelid and Margett None ABSENT: None .~ City Clerk of the City of Arcadia -7- 1678