§ 5.46.060 — Process

5.46.060 - Process.

A. Applications for a site approval or reclamation plan for surface mining or land reclamation projects shall be made under a conditional use permit. Said application shall be filed in accord with this chapter and subject to all applicable rules and regulations as outlined Title 19 (Zoning Ordinance). The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (§2772-2773) and 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 Community & Economic Development Department Director. As many copies of the site approval application as may be required under the conditional use permit shall be submitted to the Planning Division. B. As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applicants for site approvals for surface mining operations. For surface mining operations that are exempt from a site approval pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the City at one time. C. Applications shall include all required environmental review forms and information prescribed by the Planning Division. D. Upon completion of the environmental review procedure and filing of all documents required under the conditional use permit, consideration of the site approval or reclamation plan for the proposed or existing surface mine shall be completed pursuant to this Code and applicable resolutions at a public hearing before the Planning Commission, and pursuant to Section 2774 of the Public Resources Code. E. Within 30 days of acceptance of an application for a site approval 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). Whenever mining operations are proposed in the 100-year flood 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. F. The Planning Division shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the City CEQA Resolution. G. Subsequent to the appropriate environmental review, the Planning Department shall prepare a staff report with recommendations for consideration by the Planning Commission. H. The Planning Commission shall hold at least one noticed public hearing on the conditional use permit filed for the site approval and/or reclamation plan. I. 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 Planning Commission 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. The Planning Commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a site approval is being processed concurrently with the reclamation plan, the Planning Commission may simultaneously and conceptually approve the site approval. However the Planning Commission may defer action on the site approval until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve site approval with the condition that the Planning Department shall not issue the site approval for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances. Pursuant to PRC to §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. 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 recommendation and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant. J. The Planning Commission shall then take action to approve, conditionally approve, or deny the site approval and/or reclamation plan, and to approve the financial assurances pursuant to PRC §2770(d). K. The Planning Division shall forward a copy of each approved site approval for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1 of each year, the Planning Department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(Ord. 7757, § 97, 2026; Ord. 7341 §4, 2016; Ord. 6476 § 1, 1999; Ord. 4953 § 6, 1981)