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RESOLUTION NO. 1092
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA RECOMMENDING THE ADDITION
TO THE ARCADIA MUNICIPAL CODE ESTABLISHING
PROCEDURES FOR SURFACE MINING PERMITS AND THE
REVIEW OF RECLAMATION PLANS
WHEREAS, the Planning Commission on its own motion held a
public hearing on February 13, 1979, to consider the establish-
ment of procedures for surl,,-::-e mining permits and the review of
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reclamation plans; and'-~
WHEREAS, all interested persons wbi'~en full opportunity
to be heard and present evidence; ~
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE Cl1'i~
ARCADIA HEREBY RECOMMENDS TO THE CITY COUNCIL THAT THE FOLLOwl""
ADDITION BE MADE TO THE ARCADIA MUNICIPAL CODE:
Section 1. That the Surface Mining and Reclamation procedures
set forth in attached Exhibit A be added to the Arcadia Municipal
Code.
Section 2. The Planning Commission finds that the public
necessity, convenience, general welfare and good zoning practice
justify the above recommendations.
Section 3. The Secretary shall certify to the adoption of
this Resolution and shall cause a copy to be forwarded to the City
Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing Resolution was adopted at
a regular meeting of the Planning Commission of the City of Arcadia
held on the 27th'day of March, 1979, by the following vote:
AYES: Commissioners Clark, Hegg, Perlis, Soldate, Sargis
NOES: None
cz. ~'-
ABSENT: Commissioner Hedlund
ABSTAIN: Commissioner Brink
/s/ oseph E. Sargis
Chairman
ATTEST:
. /s/
Secretary
1092
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MODEL ORDINANCE FOR COUNTIES AND CITIES
FOR USE IN MEETING MINIMUM STANDARDS
IN COMPLIANCE WITH THE SMARA
AN ORDINANCE OF THE
FORNIA
CITY OF -ECAD1A
. STATE OF CALI-
The City Council or the
or California, does ordain u folio...:
Cily of ARt"'anTll
, Slale
SECTION
or Chapter
The
10 Title
Division
City Code is hereby amended by the addition
containing Sections
through
, inclusive, which shall read u follows:
CHAPTER
. SURFACE MININO AND RECLAMATION
Sections:
.011 Purpose and Intent .
.012 Definitions
.013 Scope
.014 Pennit and Reclamation Plan Requirement
.01S Review Procedure
.016 Pcr(orma~ Bond
.017 Public Records
.018 Periodic Review
.019 AmenclmenlS
.020 Vari&nee
.021 Enrorccment
.022 Appeal
.023 Separability
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.011. Purpose IJ/Jd Intent. (a) This ordinance is
adopted pursuant to the California Surface Mining and
Reclamation Act of 1975, Chapter 9. Public Resources
Code.
(b) The, Council hereby 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 recla-
mation of mined lands as provided in this ordinance will
pennit 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, climalic. biological. and social conditions are
significantly ditTerent and that reclamation operalions and
the specifications therefore may vary accordingly.
.
.012. Definitions. (a) "Exploralion" or "prospect-
ing" means the search for minerals by geological, gea-
ph)'sical, geochemical or other techniques, including, but
not limited to, sampling, assaying, drilling. or any surface
or underground works needed to detennine the type. ex-
tent. or quantity of minerals present.
(b) "Mined Lands": Includes the surface, subsur-
face, and groundwater of an area in which surface mining
operations will be, are being, or have been conducted,
includi~g private ways and roads appurtenant 10 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.
(c) "Minerals": Any naturally occurring chemical
element or compound, or groups of elements and com-
pounds. fanned from inorganic processes and organic sub-
stances. including. but not limited to, coal, peat, and
bituminous roek; but excluding gcothennal" resources,
natural gas, and petroleum.
(d) "Mining Waste": Includes the residual of soil,
rock. mineral. liquid, vegetation, equipment, machines,
tools, or other materials or propert)' directly resulting
from, or displaced by, surface mining operations.
.
(e) "Operator": Any person who is engaged in sur-
face mining operations. himself. or who conlracts with
others to conduct operations on his behalf.
(f) "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.
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(g) "Pennit": Any fonnal authorization from, or
approved by. the City , the absence of which
would preclude surfaee mining operations.
(h) "Person": Any individual. finn. association.
corporation. organization, or partnership. or any city,
county. district, or the state or any depanmCllt or agency
thercof.
(i) "Reclamation": The precess of land treatment
that minimizes water degradation. air pollution. damage
to aquatic or wildlife habitat, flooding. erosion, and other
adverse etTects from surface mining operations, including
adverse surface etTects 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 atTected lands surrounding mined lands.
and may require backfilling, grading. resoiling, revegeta-
tion. soil compaction, stabilization. or other measures.
G) "State Board": State Mining and Geology
Board. in the Department of Conservation. State of Cali-
fornia.
(k) "State Geologist": Individual holding office as
structured in Section 677 of Article 3. Chapter 2 of Divi.
sian I of the Public Resources Code.
(I) "Surface Mining Operations": All or any part
ofthe 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 natural.
1'1 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:
(I) Inplace distillation, retorting or leaching.
(2) The production and disposal of mining waste.
(3) Prospecting and exploratory activities.
.013. Scope.
apply to
(a) The provisions of this chapter shall
all . areas of the City
of Arcadia
(b) The provisions of this chapter are not applicable
to:
(I) Excavations or grading conducted for
fanning or onsite construction or for the purpose of
restoring land following a flood or natural disaster.
(2) Prospecting and exploration for minerals or
commercial value where less than 1000 cubic yards or
overburden is removed in anyone location of one acre
or less.
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(3) Any surface mining operation thaI does not
involve eilher the removal or a tOlal of more than 1000
.
cubic yards of minerals. ores, and overburden, or in-
voh'e 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 determines to be of an infrequent nature,
and which involve only minor surface disturbances and
are categorically identified (no such identificalions
made as of the effective date of these regulations) by the
State Board pursuant to Sections 2714(d) and 2758(c).
California Surface Mining and Reclamation Act of
1975.
.Ou. Permit and Rec/amstion Plan R~uirement.
(a) Any person, except as provided in Section 2776, Cali-
fornia Surface Mining and Reclamation Act of 1975, who
proposes 10 engage in surface mining operations as defined
in this chapter shall. prior to the commencement of such
operations. obtain (I) a permit to mine. and (2) approval
of a reclamation plan, in accordance with the provisions
set fonh in this chapler and as funher provided in Anicle
5, California Surface Mining and Reclamation Act of
1975. A fee as established for the permitted uses in the
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 pro\'ided by the
City Planning (and/or other) Depanment.
and as called for by Section 2772 of California Surface
Mining and Reclamation Act of 1975.
(b) No ,person who has obtained a vested right to
conduct a .surface mining operation prior to January I,
1976, shall be required to secure a permit pursuant to the
provisions of Ihis chapter as long as such vested right
continues, provided that no substantial change is made in
that operation execept in accordance with the provisions
of this chapter. A person shall be deemed to have such
vested rights if. prior to January I, 1976, he has in good
faith and in reliance upon a permit or other authorization,
if such pe:mit or other authorization was required, dili.
gently commenced surface mining operations and in-
curred substantial liabilities for work and materials
n=cesS3T)' therefor. Expenses incurred in obtaining the
enactment of an ordinance in relation 10 a panicular oper-
ation 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 I, 1976 shall
. submit to the City Pla,nning Depanment and
receive, wilhin a period of 24 monlhs ("a rea-
sonable period of time"). approval of a Reclamation Plan
for operations to be. conducted after January I, 1976, un-
less a Reclamation Plan was approved by the
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City of Arcadia prior to January I,
1976, and Ihe person submitting that plan has accepted
responsibility for reclaiming the mined lands in accord-
ance with that plan, Nothing in this ordinance shall be
construed as requiring the filing of a reclamation plan fir,
or the reclamation of. mined lands on which surface min-
ing operations were conducted prior to, but not afrer.
J:.nu:1ry I. 1976.
(c) The State Geologist shall be notified of.rhe filing
of all pennit applications.
(d) This ordinance shall be continuously reviewed
and revised. as necessary.. in order to ensure that it is in
accordance with the state policy for mined lands reclama-
tion.
.Olf. Review Procedure.
See Attachment
.016. Performance Bond. Upon a finding b)' the
Planning Agency that a supplemental guarantee for the
reclamation of the mined land is necessary, and upon Ihe
determination by the Planning Depanment of the cost of
the reclamation of the mined land according to the Red3-
mation Plan, a surety bond, lien, or other security guaran-
tee conditioned upon the faithful perfannance of the
Reclamation Plan shall be filed with the Planning Depan-
ment. Such suretv shall be executed in favor of the
City of Arcac'.ia
_ 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 prescribed in the approved or amended Reclamation
Plan during the succeeding two-year period, or other rea-
sonable tenn. .
.017. Public Records. Reclamation Plans. reports.
applications, and other documents submitted prusuant to
this chapter. are public records unless it can be demon-
strated to the satisfaction of the City' that the
release of such infonnation, or pan tnereof, would reveal
production, reserves. or rate of depletion entitled to pro-
tection as proprietary information. The ,Cily
shall identify such proprielary information as a separate
pan of each application. A copy of all Permits. Reclama-
tion Plans, repons, 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 rand Geology] by the
City of 'Arcadia
_. Proprietary infonnation shall be made available to
persons other than the Slate 9~010gisl onl)' when author-
ized by the mine operator and by the mine owner in ac'.
cordance with Seclion 2778, California Surface Mining
and Reclamation Act of 1975.
.
.0./8, Puiodic R~YI~w. As ~ condition of approval
for the Permil or the Reclamation Plan, or both, a sched.
ule for periodic inspections of the site shall be established
to e"aluate continuing compliance with Ihe Permit and
the Reclamation Plan,
.0./9, Amcndm~nIS, Amendments to an approved
Reclamation Plan may be submitled to the :ilY
al an!' time. detailing proposed c~anges from tne original
plan, Subslantial deviations from the original plan shall
not be undenaxen until such amendment has been med
,..ith, and approved by, Ihe City,
Amendments to an approved Reclamation Plan shall be
appro"ed by the same procedure as is prescribed for ap.
proval of a Reclamalion Plan,
,0..'0. Varianc~, Variances from an approved Recla.
malion Plan may be allowed upon request of the operator
and applicant. if they are nol one and the same, and upon
a finding by Ihe Planning AgenCY thaI each requested
.
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variance is necessary to achieve the prescribed or higher
post-mining use of the reclaimed land.
.0.2 /. Enrorc~m~nl. The provisions of Ihis chapler
shall be enforced by any authorized member of the Plan-
ning Depanmenl of Ihe ,City, of ARCADIA
or such other
persons as may be designaled by the Council '
,0.22, Appeal
See Attachment
.0.23. S~parabilily, If any section, subsection, sen.
tence. clause. or phrase of Ihis chapter is for any reason
held to be invalid or unconstitutional by the decision of a
coun of competent jurisdiction, it shall not affect the re'
maining ponions of this chapter,
.
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ATTACHMENT TO MODEL ORDINANCE FOR COUNTIES
AND CITIES FOR USE IN MEETING MINIMUM
STl\NDARIlS IN COMPLIANCE WITH TIlE SMlIRA
.022. APPEAL. An appeal of the determination by the Planning
Director 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.
.015. 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.
.
.
.
February 13, 1979
TO:
.
CITY OF ARCADIA
PLANNING COMMISSION
FROM:
PLANNING DEPARTMENT
CASE NO.:
T.A. 79-4
PREPARED BY:
JEFFREY F. WITTE
ASSOCIATE PLANNER
The attached model ordinance establishing requirements and
procedures for reviewing surface mining permits and mining
reclamation plans. This model ordinance was developed by the
State and is designed to meet the requirements established in
the Public Resources Code.
The procedures established in the attached ordinance are necessary
before the City can consider any new mining permit applications
in the Chicago Park area. Under this ordinance, an applicant for
a mining permit would submit a reclamation plan and appropriate
environmental documents at the same time the mining permit is
filed with the Planning Department.
Pursuant to the provisions of the California Environmental
Quality Act, the Planning Department has prepared an initial study
for the proposed project. Said initial study did not disclose
any substantial or potentially substantial adverse change in any
of the physical conditions within the area affected by the project
including land, air, water, minerals, flora, fauna, ambient noise,
and objects of historical or aesthetic significance. Therefore,
a Negative Declaration has been prepared for this project.
Before the Planning Commission and City Council take action on
this project, the Commission and Council should "move to approve
and file the Negative Declaration and find that the project will
not have a significant effect on the environment."
RECOMMENDATION
The Planning Department recommends approval of T.A. 79-4.
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T.A. 79-4
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After taking action on this application, the Planning Commission
should direct staff to prepare a resolution for adoption at its
next meeting. The Planning Commission's action shall not be final
until adoption of the resolution. The appeal period for this
action commences at the time the Commission adopts the resolution.
JFW!cm
Attachments
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