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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Development Code Amendment
99-07 - An amendment to Chapter 19.68,
Surface Mining and Land Reclamation, to
modify requirements and policies in
compliance with the California Surface
Mining and Land Reclamation Act
From: William Woolard, Interim Director
Date: July 31, 2000 0
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MCC Date: August 21, 2000
Synopsis of Previous Council Action:
August 2, 1999 the Planning Division was directed to prepare an amendment to the Development
Code pertaining to Surface Mining and Land Reclamation.
Recommended Motion:
That the hearing be closed and that said ordinance be laid over for final adoption.
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William Woolard
Contact person: Joe Bellandi, Associate Planner Phone: 384-5057
Supporting data attached: St.ffReport. Ordin.nce Ward: Citywide
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(A~r.t nl:)~r.,.iptinn)
Finance:
Council Notes:
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Agenda Item"
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect: Development Code Amendment No. 99-07
Mayor and Common Council Meeting Of August 21, 2000
Backl!round:
Chapter 19.68, Surface Mining and Land Reclamation, was established in 1991 through the
adoption of the Development Code. The purpose of this chapter is to establish the procedures
for implementing the Surface Mining and Land Reclamation Act (SMARA) of 1975.
The State of California, Division of Mines and Geology, notified the City of San Bernardino
that the ordinance implementing SMARA needed to be updated. Staff prepared a revised
ordinance based on the model recommended by the Division of Mines and Geology. In
December 1999, Staff subrnitted the draft ordinance to the Division of Mines and Geology for
review. In January 2000, the Division of Mines and Geology informed the City that the
revised ordinance complied with the requirements ofSMARA.
The proposed changes will add new definitions to Chapter 19.68, incOlporate the most recent
legislation and reference any subsequent amendments or revisions, and update language
regarding surface mining and land reclamation (Attachment A).
At its meeting of June 6, 2000, the Planning Commission recommended that the Mayor and
Common Council approve Development Code Amendment 99-07. Commissioners Coute,
Durr, Enciso, Garcia, Sauerbrun, Thrasher and Welch voted in favor of the motion.
Commissioners Adams, Lockett and Ramirez were absent.
Financial Imnact:
None
Recommendation:
Staff recommends that the Mayor and Common Council approve Development Code
Amendment 99-07 based on the Findings of Fact in the Planning Commission Staff Report,
and layover the ordinance for final reading.
Exhibits: 1.
2.
Planning Commission Staff Report dated June 6, 2000 (w/o attachments)
Ordinance
Exhibit 1
SUMMARY CITY OF SAN BERNARDINO PLANNING DMSION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 99-07
2
06/06/00
Citywide
OWNER:
APPLICANT:
Various
City of San Bernardino
300 No. "D" Street
San Bernardino Ca 92418
REQUEST/LOCATION:
This is a City-initiated request to amend Chapter 19.68 of the Development Code to modify the
requirements and policies pertaining to surface mining and land reclamation. This amendment
is applicable Citywide.
CONSTRAINTS/OVERLAYS:
. None
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15061 (b)(3)
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
. Approval
o Conditions
o Denial
o Continuance to:
Development Code Amendment No. 99-07
Hearing Date 06/06/00
Page 2
REOUEST AND PROJECT DESCRIPTION
This is a City-initiated request to amend Chapter 19.68 of the Development Code to modify the
requirements and policies pertaining to surface mining and land reclamation. This amendment
is applicable Citywide.
BACKGROUND
In 1991 with the adoption of the Development Code, the Mayor and Common Council adopted
Chapter 19.68 relating to Surface Mining and Land Reclamation. Since 1991, the Surface
Mining and Reclamation Act (SMARA) requirements and policies have been added to or
modified, causing the City of San Bernardino and other cities to review and amend their
Surface Mining and Land Reclamation Ordinances. The State Mining and Geology Board
notified the City of San Bernardino, that its ordinance required revisions to reflect the most
current provisions of state law.
The City amended and modified the Surface Mining and Reclamation Ordinance (Attachment
A) and submitted it to the State Mining and Geology Board (SMGB) on December 22, 1999
for their review. The SMGB responded on January 10, 2000 that the revised ordinance
complies with the requirements of SMARA Public Resources Code ~ 2710 et seq and the
policies of California Code of Regulations Title 14, Chapter 8, ~ 3500 et seq.
The revised ordinance was reviewed by the Environmental/Development Review Committee
on April 13, 2000 and was cleared to Planning Commission.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
Article 5, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) states that,
in general, CEQA applies only to projects that could have a significant effect on the
environment. Where it can be determined with certainty that no possibility exists for a project
to have a significant effect on the environment the project is not subject to CEQA. Because the
proposed amendment to the Development Code only modifies and updates the ordinance to
make it consistent with State law, Staff has determined that Development Code Amendment
No. 99-07 is exempt from the provisions of CEQA.
COMMENTS RECEIVED
The draft Development Code Amendment was distributed to the three mining companies
located in the City of San Bernardino. No comments were received as of the date of this staff
report .
Development Code Amendment No. 99-07
Hearing Date 06/06/00
Page 3
ANALYSIS
The revisions can be summarized as follows:
1. Sections were added to the ordinance to define flllancial assurance, reclamation
standards, idle mines, interim management plans and the enforcement process.
2. Definitions adopted by the State Mining and Geology Board in California Code of
Regulations Section 3500 et. seq. were added to the ordinance.
3. A provision was added to require an annual review of surface mines.
FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan.
Yes, the proposed Development Code Amendment is consistent with the General Plan, in that
the General Plan establishes the goals, objectives and policies pertaining to mining and the
Development Code implements them.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
No, the proposed amendment to the Development Code only modifies and updates the
ordinance to make it consistent with State law, therefore it will not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
CONCLUSION
Development Code Amendment No. 99-07 is a request to amend Chapter 19.68 of the
Development Code to modify the requirements and policies pertaining to Surface Mining and
Land Reclamation. This Development Code Amendment has been determined to be exempt
from the California Environmental Act and meets all necessary Findings of Fact for approval.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council approve Development Code Amendment No. 99-07 based on the Findings of Fact.
Development Code Amendment No. 99-07
Hearing Date 06/06/00
Page 4
Respectfully submitted,
ff1f!!:f
Director of Planning and Building Services
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~ellandi
Associate Planner
Attachments:
A - Development Code Chapter 19.68
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1
2
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF SAN BER.~ARDINO MODIFYING
3 CHAPTER 19.68 (SURFACE MINING AND LAND RECLAMATION REGULATIONS)
4 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO
MODIFY TEXT RELATED TO REQUIREMENTS AND POLICIES.
5
6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO I
DO ORDAIN AS FOLLOWS: I
7
SECTION 1. Chapter 19.68, Sections 19.68.010 through 19.68.190 of the Municipal
8
9
Code (Development Code) is amended to modify text related to Surface Mining and Land
10 Reclamation requirements and policies.
11 Chapter 19.68. Sections 19.68.010 through 19.68.190 are hereby amended to read as shown
12 on Exhibit "AU attached hereto and incorporated herein by reference.
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13 /111
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15
16 1111
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20
21
22
23
24
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26
C 27
28
Y0J . JiJ
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C 14 SUAREZ
15 ANDERSON
16 MC CAMMACK
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20 2000
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1
AN ORDINANCE. . . AMENDING CHAPTER 19.68 (SURFACE MINING AND
2 LAND RECLAMATION REGULATIONS), SECTIONS 19.68.010 & 19.68.190 OF THE
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY
3 TEXT RELATED TO REQUIREMENTS AND POLICIES.
4
5
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2000, by the following vote to wit:
Council Members:
AYES
NAYS
ABST AIN
ABSENT
ESTRADA
LIEN
11
12
13 SCHNETZ
MC GINNIS
City Clerk
The foregoing ordinance is hereby approved this
day of
21
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23
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
24 and legal content:
25
26
JAMES F. PENMAN
City Attorney
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SURFACE MINING AND LAND RECLAMATION - 19.68
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CHAPTER 19.68
SURFACE MINING AND LAND RECLAMATION
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Section
19.68.010
19.68.020
19.68.030
19.68.040
19.68.050
19.68.060
19.68.070
19.68.080
19.68.090
19.68.100
19.68.110
19.68.120
19.68.130
19.68.140
19.68.150
19.68.160
19.68.170
19.68.180
19.68.190
Pal!e
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Purpose and Intent ....
Mineral Resource Protection m
Definitions ... .mmm'" ..
Incorporation by Reference
Scope
Vested Rights ...
Standards for Reclamation....
Statement of ResponsibilitYm
Process
Review by Planning Commissionm
Findings for Approval
Financial Assurances
Interim Management Plans...... mmm....
Annual Report Requirements...m
Inspections m ... ........ ................ .mm........... ..mm........................
Violations and Penalties
Appeals .....
Fees.
Severability" .
19.68.010 PURPOSE AND INTENT
1. The City recognizes that the extraction of minerals is essential to the continued
economic well-being of the City and to the needs of 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. The City also recognizes that surface mining
takes place in diverse areas where the geologic, topographic, climatic, biological, and
social conditions are significantly different and that reclamation operations and the
specifications therefore may vary accordingly.
2. The purpose and intent of this Chapter is to ensure the continued availability of
important mineral resources, while regulating surface mining operations as required by
California's Surface Mining and Reclamation Act of 1975 (Public Resources Code
Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA", Public
Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and
State Mining and Geology Board regulations (hereinafter referred to as "State
regulations") for surface mining and reclamation practice (California Code of
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SURFACE MINING AND LAND RECLAMATION - 19.68
Regulations [CCRJ, Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et
seq.), to ensure that:
A. 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.
B. The production and conservation of minerals are encouraged, while giving
consideration to values relating to recreation, watershed, wildlife, range and
forage, and aesthetic enjoyment.
C. Residual hazards to the public health and safety are eliminated.
3. In the event that the State amends SMARA to the extent that it adds to or conflicts with
this Chapter, State law shall prevail.
19.68.020 MINERAL RESOURCE PROTECTION
1.
Mine development is encouraged in compatible areas before encroachment of
conflicting uses. Mineral resource areas that have been classified by the State
Department of Conservation's Division of Mines and Geology or designated by the
State Mining and Geology Board, as well as existing surface mining operations that
remain in compliance with the provisions of this Chapter, shall be protected from
intrusion by incompatible land uses that may impede or preclude mineral extraction or
processing, to the extent possible for consistency with the City's General Plan.
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2. In accordance with PRC ~2762, the City's General Plan and resource maps will be
updated to reflect mineral information (classification and/or designation reports) within
12 months of receipt from the State Mining and Geology Board of such information.
Land use decisions within the City will be guided by information provided on the
location of identified mineral resources of regional significance. Conservation and
potential development of identified mineral resource areas will be considered and
encouraged. Recordation on property titles of the presence of important mineral
resources within the identified mineral resource areas may be encouraged as a condition
of approval of any development project in the impacted area. Prior to approving a use
that would otherwise be incompatible with mineral resource protection, conditions of
approval may be applied to encroaching development projects to minimize potential
conflicts.
19.68.030 DEFINTIONS
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The definitions set forth in this section shall govern the construction of this chapter.
Area of Rel!ional Significance. An area designated by the State Mining and Geology Board
which is known to contain a deposit of minerals, the extraction of which is judged to be of
prime importance in meeting future needs for minerals in a particular region of the State within
which the minerals are located and which, if prematurely developed for alternate incompatible
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SURFACE MINING AND LAND RECLAMATION - 19.68
land uses, could result in the premature loss of minerals that are of more than local
significance.
Area of Statewide Si!!nificance. An area designated by the Board which is known to contain a
deposit of minerals, the extraction of which is judged to be of prime importance in meeting
future needs for minerals in the State and which, if prematurely developed for alternate
incompatible land uses, could result in the permanent loss of minerals that are of more than
local or regional significance.
Borrow Pits. Excavations created by the surface mining of rock, unconsolidated geologic
deposits or soil to provide material (borrow) for fill elsewhere.
Compatible Land Uses. Land uses inherently compatible with mining and/or that require a
minimum public or private investment in structures, land improvements, and which may allow
mining because of the relative economic value of the land and its improvements. Examples of
such uses may include, but shall not be limited to, very low density residential, geographically
extensive but low impact industrial, recreational, agricultural, and open space.
Haul Road. A road along which material is transported from the area of excavation to the
processing plant or stock pile area of the surface mining operation.
Idle. Surface mining operations curtailed for a period of one year or more, by more than 90
percent of the operation's previous maximum annual mineral production, with the intent to
resume those surface mining operations at a future date.
Incompatible Land Uses. Land uses inherently incompatible with mining and/or that require
public or private investment in structures, land improvements, and landscaping and that may
prevent mining because of the greater economic value of the land and its improvements.
Examples of such uses may include, but shall not be limited to, high density residential, low
density residential with high unit value, public facilities, geographically limited but impact
intensive industrial, and commercial.
Mined Lands. The surface, subsurface, and ground water of an area in which surface mining
operations will be, are being, or have been conducted, 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.
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.
Operator. Any person who is engaged in surface mining operations, or who contracts with
others to conduct operations on his/her behalf, except a person who is engaged in surface
mining operations as an employee with wages as his/her sole compensation.
Reclamation. The combined 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
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SURFACE MINING AND LAND RECLAMATION -19.68
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affected lands surrounding mined lands, and may require backfilling, grading, resoiling,
revegetation, soil compaction, stabilization, or other measures.
Stream Bed Skimminl!. Excavation of sand and gravel from stream bed deposits above the
mean summer water level or stream bottom, whichever is higher.
Surface Mininl! Operations. All, or 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
include, but are not limited to, inplace distillation or retorting or leaching, the production and
disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed
skimming, and segregation and stockpiling of mined materials (and recovery of same).
19.68.040 INCORPORATION BY REFERENCE
The provisions of SMARA (PRC ~2710 et seq.), PRC Section 2207, and State regulations
CCR ~3500 et seq., as those provisions and regulations may be amended from time to time,
are made a part of this Chapter by reference with the same force and effect as if the provisions
therein were specifically and fully set out herein, excepting that when the provisions of this
Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.
19.68.050 SCOPE
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1.
Except as provided in this Chapter, no person shall conduct surface mining operations
unless a permit, Reclamation Plan, and financial assurances for reclamation have first
been approved by the City. Any applicable exemption from this requirement does not
automatically exempt a project or activity from the application of other regulations,
ordinances or policies of the City, including but not limited to, the application of the
California Environmental Quality Act (CEQA), the requirement of the Conditional Use
Permit or other permits, the payment of development impact fees, or the imposition of
other dedications and exactions as may be permitted under the law. The provisions of
this Chapter shall apply to all lands within the City, public and private.
2. This Chapter shall not apply to the following activities:
A. Excavations or grading conducted for farming or on-site construction or for the
purpose of restoring land following a flood or natural disaster.
B. Onsite excavation and onsite earthmoving activities which are an integral and
necessary part of a construction project that are undertaken to prepare a site for
construction of structures, landscaping, or other land improvements, including
the related excavation, grading, compaction, or the creation of fills, road cuts,
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SURFACE MINING AND LAND RECLAMATION - 19.68
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and embankments, whether or not surplus materials are exported from the site,
subject to all of the following conditions:
(1) All required permits for the construction, landscaping, or related land
improvements have been approved by a public agency in accordance with
applicable provisions of state law and locally adopted plans and
ordinances, including, but not limited to, the California Environmental
Quality Act ("CEQA", Public Resources Code, Division 13, ~21000 et
seq.).
(2) The City's approval of the construction project included consideration of
the onsite excavation and onsite earthmoving activities pursuant to
CEQA.
(3) The approved construction project is consistent with the general plan or
zoning of the site.
(4) Surplus materials shall not be exported from the site unless and until
actual construction work has commenced and shall cease if it is
determined that construction activities have terminated, have been
indefinitely suspended, or are no longer being actively pursued.
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C.
Operation of a plant site used for mineral processing, including associated onsite
structures, equipment, machines, tools, or other materials, including the onsite
stockpiling and onsite recovery of mined materials, subject to all of the
following conditions:
(1) The plant site is located on lands with an appropriate Land Use
Designation commensurate with the activity, according to the City's
General Plan and Development Code.
(2) None of the minerals being processed are being extracted onsite.
(3) All reclamation work has been, or is being completed pursuant to the
approved Reclamation Plan for any mineral extraction activities that
occur onsite after January 1, 1976.
D. Prospecting for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than 1,000 cubic yards in any
one location of one acre or less.
E.
Surface mining operations that are required by federal law in order to protect a
mining claim, if those operations are conducted solely for that purpose.
(Otherwise known as "assessment work").
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SURFACE MINING AND LAND RECLAMATION - 19.68
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F.
Any other surface mining operations that the State Mining and Geology Board
determines to be of an infrequent nature and which involve only minor surface
disturbances.
G. Emergency excavations or grading conducted by the Departtnent of Water
Resources or the Reclamation Board for the purpose of averting, alleviating,
repairing, or restoring damage to property due to imminent or recent floods,
disasters, or other emergencies.
H. Road construction and maintenance for timber or forest operations if the land is
owned by the same person or entity, and if the excavation is conducted adjacent
to timber or forest operation roads. This exemption is only available if slope
stability and erosion are controlled in accordance with Board regulations and,
upon closure of the site, the person closing the site implements, where
necessary, re-vegetation measures and post-closure uses in consultation with the
Department of Forestry and Fire Protection. This exemption does not apply to
onsite excavation or grading that occurs within 100 feet of a Class One
watercourse or 75 feet of a Class Two watercourse, or to excavations for
materials that are, or have been, sold for commercial purposes.
19.68.060 VESTED RIGHTS
1.
No person who obtained a vested right to conduct surface mining operations prior to
January 1, 1976, shall be required to secure a permit to mine, so long as the vested
right continues and as long as no substantial changes have been made in the operation
except in accordance with SMARA, State regulations, and this Chapter. Where a
person with vested rights has continued surface mining in the same area subsequent to
January 1, 1976, he shall obtain City approval of a Reclamation Plan covering the
mined lands disturbed by such subsequent surface mining. In those cases where an
overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act
mining, the Reclamation Plan shall call for reclamation proportional to that disturbance
caused by the mining after the effective date of the Act (January 1, 1976).
2. All other requirements of State law and this Chapter shall apply to vested mining
operations.
19.68.070 STANDARDS FOR RECLAMATION
1. All Reclamation Plans shall comply with the provisions of SMARA (~2772 and ~2773)
and State regulations (CCR ~3500-3505). Reclamation Plans approved after January 15,
1993, Reclamation Plans for proposed new mining operations, and any substantial
amendments to previously approved Reclamation Plans, shall also comply with the
requirements for reclamation performance standards (CCR ~3700-3713).
2.
The City may impose additional performance standards as developed either in review of
individual projects, as warranted, or through the formulation and adoption of Citywide
performance standards.
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SURFACE MINING AND LAND RECLAMATION - 19.68
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3.
Reclamation activities shall be initiated at the earliest possible time on those portions of
the mined lands that will not be subject to further disturbance. Interim reclamation may
also be required for mined lands that have been disturbed and that may be disturbed
again in future operations. Reclamation may be done on an annual basis, in stages
compatible with continuing operations, or on completion of all excavation, removal, or
fill, as approved by the City. Each phase of reclamation shall be specifically described
in the Reclamation Plan and shall include (a) the beginning and expected ending dates
for each phase; (b) all reclamation activities required; (c) criteria for measuring
completion of specific reclamation activities; and (d) estimated costs for completion of
each phase of reclamation.
19.68.080 STATEMENT OF RESPONSIBILITY
The property owner or mining operator shall sign a statement accepting responsibility for
reclaiming the mined lands in accordance with the Reclamation Plan. Said statement shall be
retained by the Planning Division in the mining operation's permanent record. Upon sale or
transfer of the land or operations, the new property owner or operator shall submit a signed
statement of responsibility to the Planning Division for placement in the permanent record,
prior to beginning mining operations.
19.68.090 PROCESS
1.
Applications for a Conditional Use Permit for surface mining and land reclamation
projects shall be made on forms provided by the Planning Division. Said application
shall be filed in accord with this Chapter and procedures to be established by the
Development Services Director. The forms for Reclamation Plan applications shall
require, at a minimum, each of the elements required by SMARA (~2772-2773) and
other State regulations, and any other requirements deemed necessary to facilitate an
expeditious and fair evaluation of the proposed Reclamation Plan, to be established at
the discretion of the Development Services Director. As many copies of the Conditional
Use Permit application as may be required by the Development Services Director shall
be submitted to the Planning Division of the Development Services Department.
2. As many copies of a Reclamation Plan application as may be required shall be
submitted in conjunction with all applications for Conditional Use Permits for surface
mining operations.
3. Applications shall include all required environmental review forms and information
prescribed by the Development Services Director.
4.
Within thirty (30) days of acceptance of an application for a Conditional Use Permit for
surface mining operations and/or a Reclamation Plan as complete, the Planning
Division shall notify the State Department of Conservation of the filing of the
application(s). Pursuant to PRC ~2774(d), the State Department of Conservation shall
be given 30 days to review and comment on the Reclamation Plan and 45 days to
review and comment on the financial assurance.
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Whenever mining operations are proposed in the l00-year flood plain of any stream, as
shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency
Management Agency, and within one mile, upstream or downstream, of any state
highway bridge, the Planning Division shall also notify the State Department of
Transportation that the application has been received.
5.
The Planning Division shall process the application(s) through environmental review
pursuant to the California Environmental Quality Act (Public Resources Code Sections
21000 et seq.) and the City's environmental review guidelines.
6.
Prior to final approval of a Reclamation Plan, financial assurances (as provided in this
Chapter), or any amendments to the Reclamation Plan or existing financial assurances,
the Development Services Director shall certify to the State Department of
Conservation that the Reclamation Plan and/or financial assurance complies with the
applicable requirements of State law, and submit the plan, assurance, or amendments to
the State Department of Conservation for review. If a Conditional use Permit is being
processed concurrently with the Reclamation Plan and it becomes necessary to comply
with permit processing deadlines, the Planning Commission may conditionally approve
the Conditional Use Permit with the condition that the Planning Division shall not issue
the Conditional Use Permit for the mining operations until cost estimates for fmancial
assurances have been reviewed by the State Department of Conservation and final
action has been taken on the Reclamation Plan and financial assurances.
C 19.68.100 REVIEW BY PLANNING COMMISSION
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1. Upon completion of the required environmental studies and the filing of all documents
required by this Development Code, a public hearing will be scheduled for Planning
Commission consideration regarding the Reclamation Plan and the companion
Conditional Use Permit for the proposed or existing surface mining operation pursuant
to Chapter 19.52 (Hearings and Appeals)
2. The Planning Commission shall evaluate written comments received, if any, from the
State Department of Conservation during the comment periods. Staff shall prepare a
written response describing the disposition of the major issues raised by the State for
the Planning Commission's approval. In particular, when the Planning Commission's
position is at variance with the recommendations and objections raised in the State's
comments, the written response shall address, in detail, why specific comments and
suggestions were not accepted. The Planning Commission staff report including the
staff prepared responses to the State Department of Conservation, along with the
minutes of the public hearing shall constitute the written response to the state.
3. The Planning Commission shall then take action to approve, conditionally approve, or
deny the Conditional Use Permit and/or Reclamation Plan, and to approve the financial
assurances pursuant to PRC ~2770(d).
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SURFACE MINING AND LAND RECLAMATION - 19.68
4.
The Planning Division shall forward a copy of each approved Conditional Use Permit
for mining operations and/or approved Reclamation Plans, and a copy of the approved
financial assurances to the State Department of Conservation within 30 days of
approval.
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19.68.110 FINDINGS FOR APPROVAL
1. Conditional Use Permits. In addition to the findings required by the City's
Development Code, Chapter 19.36.050, Findings for Conditional Use Permits for
surface mining operations shall include a finding that the project complies with the
provisions of SMARA and State regulations.
2. Reclamation Plans. The Planning Commission may only approve Reclamation Plans, if
all of the following findings are be made in the affirmative:
A. That the Reclamation Plan complies with SMARA Sections 2772 and 2773, and
any other applicable provisions;
B. That the Reclamation Plan complies with applicable requirements of State
regulations (CCR ~3500-3505 and ~3700-3713).
C.
That the Reclamation Plan and potential use of reclaimed land pursuant to the
plan are consistent with this Chapter and the City's General Plan and any
applicable resource plan or element.
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D. That the Reclamation Plan has been reviewed pursuant to CEQA and the City's
environmental review guidelines, and all significant adverse impacts from
reclamation of the surface mining operations are mitigated to the maximum
extent feasible.
E. That the land and/or resources such as water to be reclaimed will be reclaimed
to a condition that is compatible with, and blends in with, the surrounding
natural environment, topography, and other resources, or that suitable off-site
development will compensate for related disturbance to resource values.
F. That the Reclamation Plan will restore the mined lands to a usable condition
which is readily adaptable for alternative land uses consistent with the General
Plan and applicable resource plan.
G.
That a written response to the State Department of Conservation has been
prepared, describing the disposition of major issues raised by that Department.
Where the City's position is at variance with the recommendations and
objections raised by the State Department of Conservation, said response shall
address, in detail, why specific comments and suggestions were not accepted.
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SURFACE MINING AND LAND RECLAMATION - 19.68
19.68.120 FINANCIAL ASSURANCES
I.
To ensure that reclamation will proceed in accordance with the approved Reclamation
Plan, the City shall require as a condition of approval security which will be released
upon satisfactory performance. The applicant may pose security in the form of a surety
bond, trust fund, irrevocable letter of credit from an accredited financial institution, or
other method acceptable to the City and the State Mining and Geology Board as
specified in State regulations, and which the City reasonably determines are adequate to
perform reclamation in accordance with the surface mining operation's approved
Reclamation Plan. Financial assurances shall be made payable to the City of San
Bernardino and the State Department of Conservation.
2. Financial assurances will be required to ensure compliance with elements of the
Reclamation Plan, including but not limited to, revegetation and landscaping
requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and
water quality, slope stability and erosion and drainage control, disposal of hazardous
materials, removal of equipment and buildings which are not part of the approved end
use, and other measures, if necessary.
3.
Cost estimates for the financial assurance shall be submitted to the Planning Division
for review and approval prior to the operator securing financial assurances. The
Planning Division shall forward a copy of the cost estimates, together with any
documentation received supporting the amount of the cost estimates, to the State
Department of Conservation for review. If the State Department of Conservation does
not comment within 45 days of receipt of these estimates, it shall be assumed that the
cost estimates are adequate, unless the City has reason to determine that additional costs
may be incurred. The Planning Director shall have the discretion to approve the
financial assurance if it meets the requirements of this Chapter, SMARA, and State
regulations.
4.
The amount of the financial assurance shall be based upon the estimated costs of
reclamation for the years or phases stipulated in the approved Reclamation Plan,
including any maintenance of reclaimed areas as may be required, subject to adjustment
for the actual amount required to reclaim lands disturbed by surface mining activities
since January 1, 1976, and new lands to be disturbed by surface mining activities in the
upcoming year. Cost estimates should be prepared by the mine operator, a licensed
engineer or other professional experienced in the reclamation of mined lands, approved
by the Director of Development Services. The estimated amount of the financial
assurance shall be based on an analysis of physical activities necessary to implement the
approved Reclamation Plan, the unit costs for each of these activities, the number of
units of each of these activities, and the actual administrative costs. Financial
assurances to ensure compliance with revegetation, restoration of water bodies,
restoration of aquatic or wildlife habitat, and any other applicable element of the
approved Reclamation Plan shall be based upon cost estimates that include but may not
be limited to labor, equipment, materials, mobilization of equipment, administration,
and reasonable profit by a commercial operator other than the permitter. A contingency
factor of ten percent (10 %) shall be added to the cost of financial assurances to cover
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SURFACE MINING AND LAND RECLAMATION - 19.68
the Lead Agency's reasonable expenses for the administrative and legal fees required to
foreclose on the financial assurance instrument.
5.
In projecting the costs of financial assurances, it shaH be assumed without prejudice or
insinuation that the surface mining operation could be abandoned by the operator and,
consequently, the City or State Department of Conservation may need to contract with a
third party commercial company for reclamation of the site.
6.
The financial assurances shaH remain in effect for the duration of the surface mining
operation and any additional period until reclamation is completed (including any
maintenance required).
7.
The amount of financial assurances required of a surface mining operation for anyone
year shaH be adjusted annuaHy to account for new lands disturbed by surface mining
operations, inflation, and giving credit for reclamation of lands accomplished in
accordance with the approved Reclamation Plan. The financial assurances shaH include
estimates to cover reclamation for existing conditions and anticipated activities during
the upcoming year, excepting that the permittee may not claim credit for reclamation
scheduled for completion during the coming year. The annual SMARA inspection by
the Lead Agency shaH, in most cases, be used to validate the submitted estimate.
8.
Revisions to financial assurances shall be submitted to the Planning Division each year
prior to the anniversary date for approval of the financial assurances. The financial
assurance shall cover the cost of existing disturbance and anticipated activities for the
next calendar year, including any required interim reclamation. If revisions to the
financial assurances are not required, the operator shaH explain, in writing, why
revisions are not required.
19.68.130 INTERIM MANAGEMENT PLANS
1. Within 90 days of a surface mining operation becoming idle, the operator shaH submit
to the Planning Division a proposed Interim Management Plan (IMP). The proposed
IMP shaH fully comply with the requirements of SMARA, including but not limited to
aH Conditions of Approval conditions, and shaH provide measures the operator will
implement to maintain the site in a stable condition, taking into consideration public
health and safety. The proposed IMP shaH be submitted on forms provided by the
Planning Division, and shaH be processed as an amendment to the Reclamation Plan.
IMP's shaH not be considered a project for the purposes of environmental review.
2. Financial assurances for idle operations shall be maintained as though the operation
were active, or as otherwise approved through the idle mine's IMP.
3.
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Upon receipt of a complete proposed IMP, the Planning Division shaH forward the IMP
to the State Department of Conservation for review. The IMP shaH be submitted to the
State Department of Conservation at least 30 days prior to approval by the Director of
Development Services.
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SURFACE MINING AND LAND RECLAMATION - 19.68
4.
Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed
upon by the Development Services Director and the operator, the Director shall review
and approve or deny the IMP in accordance with this Chapter. The operator shall have
thirty (30) days, or a longer period mutually agreed upon by the operator and the
Director of Development Services, to submit a revised IMP. The Development Services
Director shall approve or deny the revised IMP within sixty (60) days of receipt. If the
Director of Development Services denies the revised IMP, the operator may appeal that
action to the Planning Commission.
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5. The IMP may remain in effect for a period not to exceed five years, at which time the
Director of Development Services may renew the IMP for another period not to exceed
five years, or require the surface mining operator to commence reclamation in
accordance with its approved Reclamation Plan.
19.68.140 ANNUAL REPORT REQUIREMENTS
Surface mining operators shall forward an annual surface mmmg report to the State
Department of Conservation and to the City Planning Division on a date established by the
State Department of Conservation, upon forms furnished by the State Mining and Geology
Board. New mining operations shall file an initial surface mining report and any applicable
filing fees with the State Department of Conservation within 30 days of permit approval, or
before commencement of operations, whichever is sooner. Any applicable fees, together with a
copy of the annual inspection report, shall be forwarded to the State Department of
Conservation at the time of filing the annual surface mining report.
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19.68.150 INSPECTIONS
1. The Planning Division shall arrange for inspection of a surface mining operation within
six months ofreceipt of the Annual Report required in Section 19.68.140, to determine
whether the surface mining operation is in compliance with the approved Conditional
Use Permit and/or Reclamation Plan, approved financial assurances, and State
regulations. In no event shall less than one inspection be conducted in any calendar
year. Said inspections may be made by a licensed engineer or other professional
experienced in the reclamation of mined lands, or other qualified specialists, as selected
by the Director of the Development Services Department. All inspections shall be
conducted using a form approved and provided by the State Mining and Geology
Board.
2. The Planning Division shall notify the State Department of Conservation within thirty
(30) days of completion of the inspection that said inspection has been conducted, and
shall forward a copy of said inspection notice and any supporting documentation to the
mining operator. The operator shall be solely responsible for the reasonable cost of
such inspection.
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SURFACE MINING AND LAND RECLAMATION -19.68
19.68.160 VIOLATIONS AND PENALTIES
C If the Planning Director, based upon an annual inspection or otherwise confirmed by an
inspection of the mining operation, determines that a surface mining operation is not in
compliance with this Chapter, the applicable Conditional Use Permit, any required permit
and/or the Reclamation Plan, the City shall follow the procedures set forth in Public Resources
Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those
provisions of the City Development Code for revocation of a Conditional Use Permit which are
not preempted by SMARA.
19.68.170 APPEALS
Any person aggrieved by an act or determination of the Planning Division in the exercise of
the authority granted herein, shall have the right to appeal to the Planning Commission or the
City Council, whichever is the next higher authority. An appeal shall be filed on forms
provided, within fifteen (15) calendar days after the rendition, in writing, of the appealed
decision.
19.68.180 FEES
C
The City shall establish such fees as it deems necessary to cover the reasonable costs incurred
in implementing this Chapter and the State regulations, including but not limited to, processing
of applications, annual reports, inspections, monitoring, enforcement and compliance. Such
fees shall be paid by the operator, as required by the City, at the time of filing of the
Conditional Use Permit application, Reclamation Plan application, and at such other times as
are determined by the City to be appropriate in order to ensure that all reasonable costs of
implementing this Chapter are borne by the mining operator.
19.68.190 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to
be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not
affect the remaining portions of this Chapter.
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AGENDA ITEM TRACKING FORM
Meeting Date/Dale Adopted: CJ~s: ~ 00 Item No. / t/
Resolution/Ordinance No. /VJc - /O"iri( Ordinance Urgency: Yes /~
Effective Date: lo~c,-CJ 0 TerminationlSunset Date: /f./O
Vote: AYes:;)., ~ ~ s:; c; '7 Nays:-tfj-
Abstain: 4- Absent: #-1
Date Sent to Mayor: 7-~ - 00 Date Returned from Mayor: 9'-(" -00
Date of Mayor's Signature: 9-t, -0 () Date of Clerk's Signature: q -7-00
Date Summary Sent to Attorney: q--?, - 00 Dale Summary Returned from Attorney: 9-lr-oO~0
Date Published: ~ - /:5 -00
Meeting Type: ~'....I Ib-r' R'_~.J Date Seal Impressed: 9- 7 -0 0
Continued FromITo Item No.
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
To Whom:
~ Date-Returneo/.:j ~ ~ 4... 1_
e1:(~; ,X;~~' fy~t/'.)!w~' ~<<r~'~ (5)
Exhibits Complete & Attached 10 Resolution/Ordinance:
Rem i nder letter Sent:
Reminder letter Sent:
Reminder letter Sent:
Request for Council Action & Staff Report Attached: Yes
Noles: ~p';~ /~~ - rr Of/7/170
- I (
/~
"
No
Ready to Fi Ie:
Date:
IXXUMENT lOCATlON::
~ IlemTrDinCfOlIft.CCFomINcL III.I.MI~ 12I1MI1996