(A) Any person, except as provided in Cal. Pub. Res. Code § 2776, who proposes to engage in surface mining operations must, prior to the commencement of such operations, obtain the following:
(1) A conditional use permit to mine in accordance with Chapter 16.218 of this Title 16.
(2) Approval of a reclamation plan in accordance with Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16 and as further provided in Cal. Pub. Res. Code § 2770 et seq.
(B) No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1975 will be required to secure a conditional use permit as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16. A person will be deemed to have such vested rights if, prior to January 1, 1976, that person has in good faith and in reliance upon a conditional use permit, if such a permit was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the operation.
(C) A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 must submit to the Planning Director a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. The reclamation plan will be approved or denied within three months of the date the Director deems the plan complete.
(D) Nothing in Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16 will be construed as requiring the filing of a reclamation plan or the reclamation of mined lands on which surface mining operations were conducted prior to but not after January 1, 1976.
(Ord. 1103, passed 3-7-05)