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HomeMy WebLinkAbout1092 . . ~ . --. ,~"~/ 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 '~ reclamation plans; and'-~ WHEREAS, all interested persons wbi'~en full opportunity to be heard and present evidence; ~ ---------- 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 . 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 . . .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. 2 (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. .- (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 3 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 . . 4 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, . . '. 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. . . .', ( T.A. 79-4 2 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. 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