(A) The commission shall approve or deny an application for a proposed reclamation plan after conducting a public hearing. At the public hearing, the commission shall consider any comments received from the State Department of Conservation.
(B) The commission may approve a reclamation plan upon making the following findings:
(1) The reclamation plan complies with the SMARA, the SMARA Regulations and this chapter.
(2) The mining plan, the reclamation plan and the potential uses of reclaimed land pursuant to such plan are consistent with this chapter, the general plan and any applicable resource plan or element.
(3) The reclamation plan has been reviewed if and as required by CEQA and the city's environmental review guidelines, and all significant adverse impacts from reclamation of the mined lands are mitigated to the maximum extent feasible.
(4) The land and resources to be reclaimed (e.g., water bodies) will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography and other resources.
(5) The reclamation plan will ensure that the mined lands are restored to a useable condition that is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan or element.
(C) If the commission does not approve a reclamation plan, the director shall return the plan to the applicant within 60 days. The applicant shall have 60 days from the date on which the reclamation plan is returned to revise the plan to address identified deficiencies.
(D) The director shall send a copy of each approved reclamation plan to the State Department of Conservation together with any relevant supporting documents.
(E) The commission may approve a reclamation plan that authorizes one or more land use proposals for renewed use of a site provided that the reclamation plan complies with the requirements of this chapter and other applicable law with respect to each land use proposal stated in the plan and that the proposed uses are sufficiently similar that similar excavation and engineering strategies will suffice to reclaim the land for the proposed uses.
(F) All reclamation plans shall comply with the provisions of the SMARA (Cal. Pub. Res. Code, Sections 2772 and 2773) and State regulations (Cal. Code of Regulations, Sections 3500–3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and pre-January 15, 1993 reclamation plans for which substantial amendments are approved, shall also comply with the requirements for reclamation performance standards (Cal. Code of Regulations, Sections 3700–3713).
(Ord. No. 2579)