Conditional use permit applications and proposed reclamation plans for surface mines shall be noticed, processed, and heard as required by section 17.808.200 and chapter 17.812, and as follows:
A. Referral of application. Within 30 days of the acceptance of a conditional use permit or reclamation plan application for a surface mining operation, the planning department shall refer the applications and plans to the following:
1. The director of the state of California Department of Conservation shall be notified of the filing of all surface mining permit applications, reclamation plans and the associated CEQA document. The Department of Conservation shall have 45 days to prepare written comments on the reclamation plan and financial assurance if the director of the Department of Conservation so chooses; and
2. Whenever mining operations are proposed in a 100-year floodplain of any stream, as shown on the flood insurance rate maps issued by the Federal Emergency Management Agency (FEMA), and within one mile upstream or downstream of any state highway bridge, the planning department shall also notify the California Department of Transportation that the application has been received.
B. Authority for action on reclamation plans. The planning and design commission is the granting authority for both the conditional use permit and the reclamation plan.
C. Public hearing. Each application for a conditional use permit or reclamation plan for a surface mine is subject to at least one public hearing as specified. If applications for a conditional use permit and a reclamation plan are submitted by the same applicant for the same site, the granting authority may consider and decide upon both applications in one public hearing.
D. Hearing notice. Notice of a public hearing on a permit or reclamation plan for a surface mine shall be given as specified in chapter 17.812 for conditional use permit applicants.
E. Procedure for approval. Conditional use permits for surface mining operations shall be processed and approved as provided by section 17.808.200, which may occur at the same time as a reclamation plan. The approval of a reclamation plan, amendment to a reclamation plan, or financial assurances, as provided by section 17.720.100, shall also occur as follows:
1. Certification to State. Prior to the final approval of a reclamation plan, financial assurances or any amendments to a reclamation plan or existing financial assurances, the granting authority shall:
a. Certify to the director of the California Department of Conservation that the reclamation plan and financial assurance complies with the applicable requirements of the state regulations; and
b. Submit the plan, assurances, or amendments to the director of the California Department of Conservation for review.
2. Conceptual approval. The planning and design commission may conceptually approve a reclamation plan and financial assurance before submittal to the director of the California Department of Conservation.
3. Deferral of action. Action on a surface mining conditional use permit may be deferred until final action is taken on a reclamation plan and financial assurance. If necessary to comply with applicable permit processing deadlines, if any, the city may approve the conditional use permit for surface mining with the condition that surface mining operations shall not commence until financial assurances have been reviewed by the director of the California Department of Conservation, and final action has been taken on the reclamation plan and financial assurances.
4. Responses to State comments. The city shall evaluate the written comments provided by the California Department of Conservation during the 45-day comment period. The planning department shall prepare a written response describing the disposition of the major issues raised by the state for approval by the granting authority. In particular, when the city's position is different than the recommendations and objections raised by the Department of Conservation (or any other responsible or trustee agency) where comments have been based upon those agencies' statutory or regulatory authority, 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 city shall be promptly forwarded to the operator or applicant.
5. Final approval. The planning and design commission shall approve, conditionally approve, or deny the conditional use permit or reclamation plan as provided by section 17.808.200 and pursuant to section 2774 of the California Public Resources Code; and shall approve, conditionally approve, or deny the financial assurances as provided by section 2770(d) of the California Public Resources Code.
6. Findings for approval. In approving a conditional use permit for a surface mining operation, the planning and design commission shall make all findings required for conditional use permits, and a finding that the project complies with the provisions of applicable state regulations. In approving a reclamation plan, the planning and design commission shall first find that:
a. The reclamation plan complies with sections 2772, 2773, and 2773.1 of the California Public Resources Code and any other applicable provisions;
b. The reclamation plan complies with applicable requirements of the state regulations;
c. The reclamation plan has been reviewed pursuant to the California Environmental Quality Act, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;
d. The land and resources, such as water bodies, to be reclaimed will be restored to a condition that is as compatible with and blends in with the surrounding natural environmental, topography, and other resources, or that suitable off-site development will compensate for related disturbances to resource values; and
e. The reclamation plan will restore the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan.
7. Referral to State. The planning department shall forward a copy of each approved conditional use permit for surface mining operations and approved reclamation plan, and a copy of the financial assurances, to the California Department of Conservation. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)