(a) Applications for a use permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning department. Said application shall be filed in accord with this chapter and procedures to be established by the planning director and the city’s zoning ordinance. The forms for a use permit and/or reclamation plan applications, shall require, at a minimum, each of the elements required by SMARA (section 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the planning director. As many copies, but not to exceed a maximum of twenty copies, of the use permit application as may be required by the planning director shall be submitted to the planning department.

(b) As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for surface mining operations. For surface mining operations that are exempt from a use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the city at one time.

(c) Applications shall include all required environmental review forms and information prescribed by the planning director.

(d) Upon completion of the environmental review procedure and filing of all documents required by the planning director, consideration of the use permit or reclamation plan for the proposed or existing surface mine shall be completed pursuant to section 26-80 of the zoning ordinance at a public hearing before the planning commission, and pursuant to section 2774 of the Public Resources Code.

(e) Within thirty days of acceptance of an application for a use permit for surface mining operations and/or a reclamation plan as complete, the planning department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.

(f) The planning department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) and the city’s environmental review guidelines.

(g) Subsequent to the appropriate environmental review, the planning department shall prepare a staff report with recommendations for consideration by the planning commission.

(h) The planning commission shall hold at least one noticed public hearing on the use permit and/or reclamation plan.

(i) Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a use permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the use permit. However, the planning commission may defer action on the use permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the use permit with the condition that the planning department shall not issue the use permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

Pursuant to PRC section 2774(d), the State Department of Conservation shall be given thirty days to review and comment on the reclamation plan and forty-five days to review and comment on the financial assurance. The planning commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission’s approval. In particular, when the planning commission’s position is at variance with the recommendations and objections raised in the state’s comments, 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 planning commission shall be promptly forwarded to the operator/applicant.

(j) The planning commission shall then take action to approve, conditionally approve, or deny the use permit and/or reclamation plan, and to approve the financial assurances pursuant to PRC section 2770(d).

(k) The planning department shall forward a copy of each approved use permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the planning department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year. (Ord. No. 1606, § 2 (part).)