(A) Reclamation Plan: Unless exempted by the provisions of this chapter, any person who proposes to engage in surface mining, or who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations, as defined in this section, first file and obtain approval from the city a reclamation plan in accordance with the provisions set forth in this chapter, as further provided in Public Resources Code section 2772 et seq., 14 California Code Of Regulations, article 9, chapter 8, section 3700 et seq., and financial assurances for reclamation.
(B) Requirements For Reclamation Plans: A reclamation plan shall be required for all surface mining operations in all zone districts in which surface mining is allowed, as well as for those portions of existing surface mining operations which claim to have vested rights pursuant to Public Resources Code section 2776, unless otherwise exempted from the requirements of SMARA or as set forth herein, Public Resources Code section 2770 et seq.
(C) Exemptions: This chapter shall not apply to the following activities:
1. Excavations or grading conducted for farming, on site construction, or for the purpose of restoring land following a flood or natural disaster, Public Resources Code section 2714(a).
2. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less, Public Resources Code section 2714(b).
3. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose (SMARA §2714(c)).
4. Such other surface mining operations which the state mining and geology board determines to be of an infrequent nature and which involve only minor surface disturbances, Public Resources Code section 2714(d).
5. Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies, Public Resources Code section 2714(f).
6. Surface mining operations conducted on lands owned or leased, or upon which easements or rights of way have been obtained by the department of water resources for the purpose of state water resources development system or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights of way have been obtained, by the reclamation board for the purpose of flood control, if the department of water resources adopts, after submission to and consultation with, the department of conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the board adopted pursuant to this chapter, Public Resources Code section 2714(g)(1).
Nothing in this section shall require the department of water resources or the reclamation board to obtain a permit or secure approval of a reclamation plan from the city in order to conduct surface mining operations specified in subsection (A) of this section. Nothing in this section shall preclude the bringing of an enforcement action pursuant to Public Resources Code section 2774.1 if it is determined that a surface mine operator acting under contract with the department of water resources or the reclamation board on lands other than those owned or leased, or upon which easements or rights of way have been obtained, by the department of water resources or the reclamation board, is otherwise not in compliance with Public Resources Code section 2710 et seq., Public Resources Code section 2714(g)(2).
An exemption under this chapter does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the city, including, but not limited to, application of the California environmental quality act, Public Resources Code section 21000 et seq., requirement of site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. (Ord. 768-08, 8-19-2008)