Chapter 23A SURFACE MINING AND RECLAMATION
23A-8 Findings for approval.
(a) Use Permit. In addition to any findings required by the
city zoning ordinance, use permits for surface mining operations shall include a
finding that the project complies with the provisions of SMARA and state
regulations.
(b) Reclamation Plans. For reclamation plans, the following
findings shall be required:
(1) That the reclamation plan complies with SMARA sections
2772 and 2773, and any other applicable provisions;
(2) That the reclamation plan complies with applicable
requirements of state regulations (CCR section 3500-3505, and section
3700-3713);
(3) That the reclamation plan and potential use of reclaimed
land pursuant to the plan are consistent with this chapter and the city’s
general plan and any applicable resource plan or element;
(4) That the reclamation plan has been reviewed pursuant to
CEQA and the city’s environmental review guidelines, and all significant
adverse impacts from reclamation of the surface mining operations are mitigated
to the maximum extent feasible;
(5) That the land and/or resources such as water bodies to be
reclaimed will be restored to a condition that is compatible with, and blends in
with, the surrounding natural environment, topography, and other resources, or
that suitable off-site development will compensate for related disturbance to
resource values;
(6) That the reclamation plan will restore the mined lands to
a usable condition which is readily adaptable for alternative land uses
consistent with the general plan and applicable resource plan;
(7) That a written response to the State Department of
Conservation has been prepared, describing the disposition of major issues
raised by that department. Where the city’s position is at variance with
the recommendations and objections raised by the State Department of
Conservation, said response shall address, in detail, why specific comments and
suggestions were not accepted. (Ord. No. 1606, § 2 (part).)