(A) Neither the Commission nor the Council may grant an application unless it has first found from the evidence admitted during the hearing before the Commission or Council all of the following:
(1) The proposed surface mining operations and reclamation plan will not be detrimental to the public health, safety or general welfare and will be in harmony with various elements and objects in the city’s General Plan;
(2) The surface mining operations will be located in a zone in which such operations are a permitted use;
(3) The site for the surface mining operations is adequate in size and shape to accommodate those operations and the intended reclamation of the mined lands;
(4) The site for the surface mining operations relates properly to streets and highways that are designed to carry the type and quality of traffic that will be generated by those operations;
(5) The surface mining operations will not pose a threat to the city’s groundwater resources or have any adverse impact upon the city’s ability to utilize those resources;
(6) The reclamation plan submitted by the applicant is sufficient in all respects to prevent or mitigate any adverse effects on the environment caused by the mining operations and gives adequate consideration to values relating to groundwater supply, recreation, watershed, wildlife, range and forage and aesthetic enjoyment;
(7) The reclamation plan will adequately provide for the protection and subsequent beneficial use of the mined lands by:
(a) Ensuring that the land is returned to a usable condition which is readily adaptable for alternative land uses; and
(b) The land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends with, the surrounding natural environment, topography and other resources or suitable off-site development will compensate for related disturbances to resource values;
(8) The reclamation plan complies with SMARA and the state regulations;
(9) All procedures required by CEQA have been completed and all other laws have been complied with.
(B) In any hearing or proceeding held for the purpose of considering the issuance of a surface mining permit, the applicant shall bear the burden of producing sufficient evidence to enable the Commission or Council to make the findings required by this section.
(`78 Code, § 19.08.100.) (Ord. 2386 § 1 (part), 1999.)