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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.
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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.
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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.
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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.
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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.
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.
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
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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.
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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
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