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HomeMy WebLinkAboutOrd. No. 1982-647ORDINANCE N0. 647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA IMPLEMENTING THE SUR- FACE MINING AND RECLAMATION ACT OF 1975 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The City Council of the City of Lake Elsinore, California does ordain as follows: Section One The City Council hereby finds and declares that the extraction of minerals is essential to the continued economic well being of the City of Lake Elsinore and that it is the purpose and intent of this ordinance to regulate all surface mining operations in the in- corporated area of the City of Lake Elsinore as authorized by the California Surface P4ining and Re- clamation Act of 1975 (Public Resources Code, Section 2710 et seq) to ensure that: (.a) The reclamation of mined lands will be carried out in such a way that the :continued mining of minerals will be permitted, and; (b) The adverse effects of surface mining operations will be prevented or minimized and that mined lands will be reclaimed. to a useable condition which is readily adaptable for alternative land use, and; (c) The production and conservation of minerals will be encouraged while giving consideration to values relating to recreation, watershed, wild- life, range and forage, and aesthetic enjoyment, and the residual hazards to the public health and safety will be eliminated. Section Two The provisions of this ordinance do not apply to: (a) Excavations or grading. conducted for farming or on-site construction or for the purpose of re- storing land following a flood or natural dis- aster. (b) Prospecting for., or the extraction of, minerals for commercial purposes and the removal of over- . burden, in total amounts of less than 1,000 cubic yards in any one location. This exemption shall not apply to any single excavation which is greater than one acre in size. (c) 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. (d) Such other surface mining operations which the State Mining and Geology Board finds are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 because they are of an infrequent nature and. involve only minor surface distrubances. Section Three 1( 1] 1`< 1~ 1~ 1' . iE i. if 1S 2( 2i 2; 2i 2< 2: 21 2'. 21 2! 31 3: 3: Unless exempted by the provisions of Section 2 or Section 12, no persons, firm, corporation or private association shall conduct surface mining operations in the incorporated area of the City of Lake Elsinore without first obtaining a permit to do so. Section Four (a) All applications for a permit shall include a mining plan and a reclamation plan, shall be on forms provided by the Planning Department, shall be accompanied by a filing fee of $400, and shall be filed with the Planning Director. The application shall provide all information and data required by Section 2772 of the Public Resources Code and such additional in- formation as may be reasonably required by the Planning Director. No application shall be accepted as completed for filing and the time limitations for processing a permit shall not begin'to run until all procedures under the Caifornia Environmental Quality Act and the Riverside County Rules to implement CEQA have been completed. (b) The Planning Director shall notify the State Geologist of the filing of each application for a permit. (c) Upon completion of all procedure for review of an application., including notification of the State Geologist, a public hearing will be held before the County Planning Commission as hereinafter provided. Section Five The mining plan shall, to the extent practicable, contain at least the following: (a) Indicate the progression of all operations of the facility indicating time frames for each phase and the estimated life of the-operation. (b) Show the location of equipment, stockpiles, settling ponds, interim drainage, machinery and wasted~imps, and areas to be mined; (c) Indicate the progression of stripping and excavating through the use of cross sections, elevations and topographic maps; (d) Indicate the time log between mining and reclamation and equipment siting and removal and/or relocation; (e) Discuss the method of handling simultaneous excavation and reclamation if applicable; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (f) Show the location of all streams, roads, railroads, sewage disposal systems, waterwells, and utility facilities within 500 feet of the site and the location of all proposed access roads to be constructed in conducting the sur- face mining operation, and; (g) Indicate the type of and amount of mineral commodities to be removed, the amount of waste materials to be retained on the site and the amount of waste materials to be dis- posed off site including the method and location of disposal of solid waste materials. Section Six The reclamation plan. shall, in addition to all other requirements: (a) Indicate the method to be used to reclaim the land including a detailed schedule of the sequence and timing of all stages of the re- clamation; (b) Describe the physical condition of the site upon the completion of all reclamation in- cluding the proposed uses of potential uses of the reclaimed site; (c) Contain a map which will delineate through the use of cross sections and elevations the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall also be provided .with the location of the reclaimed land clearly indicated on said map; (d) Describe the manner in which derelict machinery, waste materials and scraps will be removed from the reclaimed site and how contaminants will be controlled; (e) Describe the methods to be used to ensure that the site will contain stable waste piles and slopes; (f) Describe how reclamation of this site may affect the future use of the area for mining purposes; (g) Show that the proposed site in its final form shall be to the extent reasonable and practical, revegetated for soil stabilization, free of drainage and erosion problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property. Section Seven Public hearing to consider the granting, suspension or revocation of a permit shall be in accordance with the following procedures: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (a) Not less than 10 days prior to the date set for hearing, the Planning Director shall cause notice of the hearing to be published, once, in a newspaper of general circulation, published and circulated. in the County. The notice shall state the time and place of the hearing and .shall include a general description of the area and mining operation being considered and shall in- clude a general explanation of the matter that is to be considered at the hearing.; (b) At the time set for the public hearing the Plann- ing Commission shall hear relevant .testimony from interested persons and, within a reasonable time after the close of the hearing, shall make its decision provided, however, that an application for a permit shall not be granted unless that permit is expressly subject to such conditions as are necessary to protect the health, safety or .general welfare of the community. The decision of the Planning Commission and the reasons for the decision shall be reduced to writing and the Planning Director shall mail a copy .thereof to the applicant and to any person who has made a written request for a copy of the decision; (c) The decision of the Planning Commission shall be final unless,. within 10 calendar. days after the date of the mailing of the decision by the Plann- ing Director, the applicant or any interested person appeals in writing to the City Council. An appeal shall be in writing on the form supplied by the Planning Department, shall specify the basis of the appeal, shall be ac- companied by a filing fee of $25 and shall be filed. with the City Clerk within the 10 day period. (d) Upon receipt of a completed appeal, the City Clerk shall set the matter for public hearing before the _City Council_not less than "~` 10 nor more than 60 days thereafter and shall give notice of the hearing in the same manner as was given for hearing before the Planning Com- mission, except .that the City Clerk shall also mail or deliver a copy of the notice to the Planning Director and the appellant and the ap- p7icant for the permit if he is not the appellant. The decision'of the City Council affirming, modifying or reversing the decision of the Plann- ing Commission shall be rendered within a reason- able time after closing the public hearing and. shall.be-final. Section Eight As a condition of each permit,. periodic inspections and reports of reclamation activities shall be required of the permittee as follows: (a) The permittee shall apply for a Special Inspec- tion Permit from the Building Director, which 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 30 31 32 shall be accompanied by a filing fee of $75.00, at least 15 days before the conclusion of each stage of reclamation. The application shall include a written report which specifies how the reclamation at the site conforms or deviates from the reclamation plan; (b) The Building Director shall inspect the site within 30 days of receipt of the written report and application for a Special Inspection Permit from the permittee. Failure to inspect within 30 days shall be deemed acceptance of the report and compliance with the reclamation plan; (c) Unless modified by the Planning Commission or City Council at the time of the granting of a permit pursuant to this ordinance each permittee shall apply for a Special Inspection Permit from the Building Director at least once in each calendar year,. provided, however, that this sub- section shall not be construed to require more than one inspection per year per permit unless additional yearly inspections are required as a condition of the granting of a permit. Section Nine All applicants,. as a condition of approval of the per- mit, shall be required to execute an agreement to com- plete the work outlined in the reclamation plan within the time limits of said plan. Section Ten (a) If, after conducting the inspections required by Section 8, the Building Director finds that the reclamation plan is not being followed and completed as approved, the mining. operator shall be so notified and given a reasonable time to comply with the reclamation plan, not to exceed 90 days. If at the end of this period of time, the reclamation plan is still not being followed and completed as approved, the Building Director shall notify the Planning Director of that fact. Thereupon,.. the Planning Director shall notify the mining operator involved and set the matter for public hearing before the Planning .Commission in accordance with the procedures set out in Section 7 of this ordinance. (b) At the hearing the Planning Commission shall determine whether or not the mining operator is complying with the reclamation plan. If it is found that the operator is not in compliance, the Commission shall determine if the permit shall be revoked or merely suspended until the operator files a revised reclamation plan with the Planning Director and whether said plan must be accompanied by bonds or liens of the type hereinafter described to ensure compliance with the revised reclamation plan. The decision of 1', 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 32 the Planning Commission may be appealed to the City Council. (c) No revised reclamation plan prepared pursuant to this section shall be acceptable unless it is so structured that the goals of the original reclama- tion plan will be met within a reasonable period of time. (d) Unless otherwise directed by the Planning Com- mission or the City Council, a reclama-- tion plan prepared pursuant to this section shall not be accepted by the Planning Director unless it is accompanied by a valid, recordable lien in the amount of the cost of the reclamation ordered by the plan which lien shall be enforceable against the property covered by the revised plan. The lien shall not be released or reduced until the revised reclamation plan has been satisfactorily completed. In lieu of alien, the mining operator may post a security bond in the amount of the cost of the first stage of the revised reclamation plan with the Planning Director. The bond may be (a) a bond or bonds by one or more duly authorized corporate sureties, or (b) a deposit of money or negotiable bonds of the kind approved for secur- ing deposits of public monies, or (c) an instru- ment of credit from one or more financial insti- tutions subject to regulations by the state or federal government and pledging that the funds necessary to carry out the plan are on deposit and guaranteed for payment. Upon the completion of one stage of the revised reclamation plan,-.the security bond covering that stage shall be released upon the filing of an additional security bond covering the cost of the succeeding stage of the revised plan. Section Eleven Any permit that is granted shall be used within three years, from the effective date thereof, or within the time limit that is set in the conditions of approval, which shall not exceed five years; otherwise, such permit shall be null and void. The term "use" shall mean the beginning of a substantial surface mining operation that is authorized, which mining operation must thereafter be pursued diligently to completion. Section Twelve No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this ordinance as long as such vested right continues. and no substantial change is made in that operation. 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 permit or other authori- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 231 27 28 29 30 31 32 zations was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses in- curred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. Any substantial change in the surface mining operation subsequent to January 1, 1976, shall require the granting of a permit pursuant to this ordinance. A person who has obtained a vested right to conduct sur- face mining operations prior to January 1, 1976 shall, within a reasonable period of time, submit to the Plann- ing Department for approval by the Planning Director, a reclamation plan for vested operations that are conducted after January 1, 1976, and shall apply for a Special Inspection Permit from the Building Director in the same manner and with the same frequency as those mining operators required to obtain a permit pursuant to this ordinance before commencing or expanding their operation. Nothing in this ordinance shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. Section Thirteen An approved reclamation plan may be amended at any time. All proposed amendments of an approved reclamation plan shall be on forms provided by the Planning Department and shall be heard and processed in the same manner as an application for a permit. Section Fourteen Whenever any surface mining operation or portion of an operation subject to this ordinance is sold, assigned, conveyed, exchanged, or otherwise transferred, the successor in interest shall be bound by the provisions of any reclamation plan approved pursuant to the pro- visions of this ordinance. Section Fifteen If any .section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or un- constitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordi- nance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. This ordinance shall take effect as provided by law. INTRODUCED AND. PASSED UPON FIRST READING this 10th day of AUGUST , 1982, upon the follow- ing roll call vote: ., n h 1G 11 12 13 19 15 lE li ]E if 2C 2] 2~ ~~ L~ 29 25 2f 2. 2E 2~ 3( 3l 3~ AYES: NOES: ABSTENTIONS: ABSENT: KNIGHT, MACMURRAY, TORN, UALENZUELA, UNSWORTH NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of September 1982, upon the following roll call vote: AYES: KNIGHT, MACMURRAY, TORPJ, UALENZUELA, UNSbJORTH NOES : NONE ABSTENTIONS : NOPJE ABSENT: NONE John G. Unsworth, Mayor ATTEST: ~f~~ .r'//J~ ~ iYX! Deborah Harrington, City Clerk (SEAL)