(A) Existing vested rights. No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues and no substantial change is made in that operation. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he has, in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. Any substantial changes made in a surface mining operation subsequent to January 1, 1976, except in accordance with SMARA and Cal. Code of Regulations, Title 14, § 3951, shall require an approved permit pursuant to this chapter.
(B) Procedure. If requested, a vested rights determination shall be made in accordance with the following:
(1) Request. The operator shall submit a written request with the Director of Planning and Building for a vested rights determination. The request for determination shall include information pertinent to establishing the existence and scope of the vested right. Within 30 calendar days of deeming the request for determination complete, the Director of Planning and Building shall set a public hearing before the Board of Supervisors and provide notice in accordance with the procedures set forth in § 15.13.010 of this chapter.
(2) Public hearing. A public hearing shall be held by the Board of Supervisors to consider the request for determination of a vested right, and, utilizing a preponderance of the evidence standard, the Board of Supervisors shall determine whether the operator has demonstrated its claim for a vested right. The record before the Board of Supervisors shall consist of the written materials received by the Director of Planning and Building, as well as any relevant written comments on the request for determination and any relevant testimony received at the hearing. Written comments and oral testimony other than that related to demonstrating or delimiting the existence, nature, and scope of the claimed vested rights shall not be considered by the Board of Supervisors in making the vested rights determination.
(3) Vested rights determination. Within 60 calendar days following the public hearing, the Board of Supervisors shall issue a written vested rights determination. The determination shall identify upon which specific property the vested right is established and the scope and nature of surface mining operations included within the established vested right. Not more than 30 days after the issuance of the determination, a copy of the vested rights determination shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. The decision of the Board of Supervisors shall be final.
(C) Reclamation plan. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the Planning Department for approval by the Planning Commission a reclamation plan. This reclamation plan may cover some or all areas to which that vested right applies, but, at a minimum, it must cover: all of the areas to which a vested right has been found to apply on which active mining operations have been conducted after January 1, 1976, as well as the entirety of any area to which a vested right has been found to apply that is planned or reasonably anticipated to contain surface mining operations in the near future. A person who has obtained a vested right shall also submit the required documentation for a mine inspection to the Planning Department in the same manner and with the same frequency as those operators required to obtain a permit pursuant to this chapter before commencing or expanding their operation. Absent an approved reclamation plan for any area to which a vested right applies that has been mined since January 1, 1976, including any area that is currently being mined, the continuation of the surface mining operation shall be prohibited until a reclamation plan is submitted and approved. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. All reclamation plans submitted to the Planning Department for operations pursuant to a vested right that are conducted after January 1, 1976, shall be accompanied by the fee set pursuant to this chapter for a reclamation plan for a vested surface mining operation conducted after January 1, 1976.
(Ord. 1057, § 3 (part), 2023)