§ 15.30.380 ISSUANCE OR DENIAL OF SURFACE MINING PERMIT.
   (A)   The permit application shall be processed through environmental review pursuant to CEQA and the city's environmental review guidelines.
   (B)   No later than 120 days after the acceptance of a complete surface mining permit application, the Planning Commission shall hold a public hearing upon the application. Notice of the public hearing shall be given in accordance with the provisions of § 17.52.320 of this code. Additionally, if the conditions set forth in § 15.30.370(B) are satisfied, then notice of the hearing shall be mailed or delivered to the Department of Transportation at least ten days prior to the hearing. At the public hearing, the Planning Commission shall consider any comments received from the Department of Conservation or the Department of Transportation regarding the subject surface mining operation.
   (C)   A decision to issue or not to issue the surface mining permit shall be made by the Planning Commission at the conclusion of the public hearing thereon unless the applicant agrees to an extension. The Planning Commission may issue, modify or revise a surface mining permit if it finds, based on substantial evidence, that the proposed surface mining operation is consistent with the requirements of SMARA, the regulations promulgated thereunder, and this code.
   (D)   The Planning Commission may defer action on a surface mining permit application until taking final action on a concurrently processed reclamation plan and financial assurances proposal. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve a surface mining permit with the condition that the permit shall not issue until both the reclamation plan and the financial assurances proposal for the subject operation have been approved.
   (E)   The surface mining permit shall contain all terms and conditions which the city determines to be appropriate for the surface mining operation.
   (F)   Within 15 days of issuing, modifying or revising a surface mining permit, the Planning Commission shall transmit to the applicant a copy of the surface mining permit. Copies of the permit shall be provided to the Department of Conservation and to the Department of Transportation, if applicable, and to any person who has requested in writing that such copies be provided.
(`83 Code, § 15.30.380) (Ord. 97-03 § 1, 1997)