.010 Within thirty days of acceptance of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the Planning Department shall notify the Director of the Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred 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 Department shall also notify the State Department of Transportation that the application has been received.
.020 A conditional use permit for surface mining operations shall be processed in accordance with Chapter 18.66, and shall be subject to the conditions of Section 18.66.050 "Conditions" and the requiredfindings of Section 18.66.060 "Findings."
.030 The Planning Department shall process the applications(s) through environmental review pursuant to CEQA and the City's Environmental Review Guidelines, as either may be amended from time to time.
.040 Subsequent to the appropriate environmental review, the Planning Department shall prepare a staff report with recommendations for consideration by the Planning Commission.
.050 The Planning Commission shall hold at least one noticed public hearing on the conditional use permit and/or reclamation plan.
.060 Prior to final approval of a reclamation plan, or any amendments to a reclamation plan, and financial assurances (as specified in this Chapter), the Planning Commission shall certify to the Director of the Department of Conservation that the reclamation plan complies with the applicable requirements of the state regulations in effect at the time the reclamation plan is submitted to the Department of Conservation for review, and submit the reclamation plan, financial assurances, or amendments to the plan to the Department of Conservation for review. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the conditional use permit with the condition that the operator shall not commence the mining operation until financial assurances have been approved by the Department of Conservation and final action has been taken on the reclamation plan.
The Director of the Department of Conservation shall have thirty days from the time he or she is first notified to prepare written comments on the reclamation plan, if the Director so chooses. The Planning Commission shall evaluate written comments received from the Department of Conservation during the thirty day comment period or such further time as may be mutually agreed to by the City and the operator. If necessary, staff will prepare a report describing the disposition of the major issues raised by the Department of Conservation for the Planning Commission's approval. In particular, if the Planning Commission's position is at variance with the recommendations and/or objections raised in the Department of Conservation'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.
.070 The Planning Commission shall then take final action to approve, conditionally approve, or deny the conditional use permit and/or reclamation plan. The Planning Commission's action shall be final, subject to appeal to the City Council in the time and manner otherwise set forth for conditional use permits pursuant to Chapter 18.66 of this Code. The decision of the City Council shall be deemed final.
.080 If a project has proceeded to review by the City Council, the Council may, at its discretion, assume duties assigned to the Planning Commission under this Chapter or delegate specific related tasks back to the Planning Commission.
.090 The Planning Department shall forward a copy of each approved conditional use permit for mining operations and/or approved reclamation plan to the Director of the Department of Conservation.
.100 Annual Reports. Surface mining operators shall forward an annual status report to the Director of the Department of Conservation and the City of Anaheim Planning Department on a date established by the Department of Conservation upon forms furnished by the State Mining and Geology Board. (Ord. 5699 § 1 (part); September 21, 1999.)