(A) The Commission in recommending and the Council in reviewing a proposal for and prior to enacting an ordinance creating or expanding an MR overlay zone shall find from the evidence submitted with the application and at the hearings that the following conditions exist:
(1) The proposed MR overlay zone is in compliance with the mineral resource goals, policies and procedures and land use designations of the General Plan Conservation Element;
(2) The subject property has been identified as mineral resource area on the mineral resource map of the General Plan Conservation Element;
(3) The subject property has an appropriate General Plan designation as identified in the "Compatibility Matrix" of the General Plan Conservation Element; and
(4) The subject property has an underlying zoning designation of M-2 (General Manufacturing), M-3 (Heavy Manufacturing) or A (Agricultural) or equivalent Specific Plan designations.
(B) In addition, the Commission or City Council must find that at least one of the following conditions exist:
(1) A mining operation currently exists for the property having a valid surface mining permit and an approved reclamation plan. This includes mining vested prior to the enactment of the California Surface Mining and Reclamation Act of 1975;
(2) A mining operation does not currently exist on the subject property, but mining has occurred on the land at some time in the past and incompatible surface land uses, as defined in the General Plan Conservation Element do not exist;
(3) The State Division of Mines and Geology determined that minerals exist and that incompatible surface land uses do not exist;
(4) The subject property is listed in the MRZ-2 State Classification Reports by the Department of Mines and Geology and shown on the General Plan Conservation Element Mineral Resource Map; or
(5) A geologic study similar to the State Classification Reports has been prepared, submitted and accepted by the city that describes the mineral resource on the subject property. The report must demonstrate that:
(a) It is highly likely that a significant mineral resource exists on the subject property; and
(b) The resource is minable, processable and marketable under the technologic and economic conditions that now exist or which can be reasonably estimated to exist in foreseeable future.
(`78 Code, § 17.62.380.) (Ord. 2089 § 1 (part), 1992.)