The Commission or, on appeal, the Board may approve an agricultural surface mining permit and/or reclamation plan at a public hearing pursuant to this chapter only if all of the following findings are made:
(a) That the proposed agricultural surface mining permit, reclamation plan, and financial assurances comply with the Act and this chapter;
(b) That the proposed agricultural mining and reclamation shall be conducted pursuant to a surface mining permit and reclamation plan granted in accordance with this chapter, or that the operator has vested rights to conduct surface mining pursuant to the Act;
(c) That the site, during agricultural surface mining and after reclamation, will not be detrimental to the public health and safety, giving consideration to the degree and type of present and probably future exposure of the public to the site;
(d) That the agricultural surface mining permit and reclamation plan and consistent with the General Plan, any applicable specific plans, and the zoning of the site;
(e) That agricultural surface mining and reclamation are compatible with the existing and probable future uses of surrounding lands, as designated in the General Plan;
(f) That the site is physically suitable for agricultural surface mining and reclamation, giving consideration, but not limited to such factors as on-site soil conditions, local groundwater conditions, flood protection, drainage, wildlife habitat, public access, and aesthetics;
(g) That the environmental document for the proposed surface mining permit was prepared, in accordance with the provisions of CEQA and the State CEQA Guidelines;
(h) That a written response to the State Department of Conservation has been prepared and considered, describing the disposition of major issues raised by the Department;
(i) That the estimated financial assurances reasonably approximate the probably costs of carrying out the agricultural reclamation plan;
(j) That the proposed mine is consistent with all of the applicable findings included within Section 51238 et seq. of the California Government Code (the Williamson Act), for any lands located within a Land Conservation (Williamson) Act Contract. (§ 2, Ord. 1276, eff. December 6, 2001)