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HomeMy WebLinkAboutORD NO 2456 ORDINANCE NO. 2456 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.75 TO THE MUNICIPAL CODE RELATING TO THE CALIFORNIA SURFACE MINING AND RECLAMATION ACT OF 1975, FOR USE IN MEETING MINIMUM STANDARDS IN COMPLIANCE WITH SAID ACT. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 17.75 is hereby added to Title 17 of the Municipal Code of the City of Bakersfield as follows: Chapter 17.75 SURFACE MINING AND RECL~4ATION 17.75.010 Purpose and Intent 17.75.020 Definitions; Construction 17.75.030 Scope 17.75.040 Permit and Reclamation Plan Requirement 17.75.050 Review Procedure 17.75.060 Performance Bond 17.75.070 Periodic Review 17.75.080 Variance 17.75.090 Minor Amendments to Approved Plans 17.75.100 Enforcement 17.75.110 Appeal 17.75.120 Severability 17.75.010 Purpose and Intent. (a) This Chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code. (b) The Council hereby finds and declares that the extrac- tion of minerals is important for the continued economic well- being of the City and to the needs of society, and that the reclama- tion of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health, safety and welfare. (c) The Council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. Sections: (d) The Council further finds that surface mining takes place in certain areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly. 17.52.020 Definitions; Construction. This chapter is also enacted pursuant to State Policy for Surface Mining and Reclama- tion Practice (California Administrative Code, Title 14, Division 6, Chapter 8, Subchapter 1, commencing with Section 3500). The provisions, phrases and words of this chapter and those of any standards or procedures adopted pursuant thereto shall be con- strued and applied consistently with the provisions and defini- tions contained in the Surface Mining and Reclamation Act of 1975 and in the State Policy, as the same have been enacted or may be amended from time to time. 17.75.030 Scope. (a) The provisions of this chapter shall apply to areas within the City of Bakersfield. (b) The provisions of this chapter are not applicable to: (1) Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster. (2) Prospecting and exploration for minerals of com- mercial value where less than 1000 cubic yards of overburden is removed in any one location of one acre or less. (3) Any surface mining operation that does not involve either the removal of a total of more than 1000 cubic yards of minerals, ores, and overburden, or involve more than one acre in any one location. (4) 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. (5) Operations involving the extraction of geothermal resources, natural gas, petroleum and water. (6) Such other mining operations that the City deter- mines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Board of Mining and Geology pursuant to Sections 2714(d) and 2758(c) of the Public Resources Code. 17.75.040 Permit and Reclamation Plan Requirement. (a) Any person, except as provided in Section 2776 of the Public Resources Code, who proposes to engage in surface mining operations as defined by reference in Section 17.52.020 shall, prior to the commencement of such operations, obtain (1) a permit to mine, and (2) approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further pro- vided in Article 5, California Surface Mining and Reclamation Act of 1975. A fee as prescribed by resolution of the City Council shall be paid to the City at the time of filing. All applications for a Reclamation Plan for surface mining operations shall be made on forms provided by the Development Services Department, and as called for by Section 2772 of the Public Resources Code. (b) A person who has obtained a vested right prior to January 1, 1976, pursuant to Section 2776 of the Public Resources Code shall submit to the City, and receive, within a period of one year, approval of 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. (c) The State Geologist shall be notified of the filing of all permit applications. 17.75.050 Review Procedure. (a) The Board of Zoning Adjustment shall hear and consider at a public hearing: (1) Applications for permits to conduct surface mining operations; o (2) Reclamation plans for surface mining operations; (3) Amendments to approved reclamation plans involving substantial deviations therefrom; (4) Amendments of any other term or condition of a permit to conduct surface mining operations or of a reclamation plan; (5) Proceedings for revocation of permits. (b) Following the filing in proper forms of any application for permit, reclamation plan, or proposed amendment, and the pay- ment of the prescribed fee therefor, the Planning Director shall fix a time and date not less than thirty (30) days thereafter, or such later date as may be agreed upon by the person making such filing, and place for the conduct of a public hearing thereon. (c) Not less than ten (10) days before the date of such public hearing, notice of the date, time, place of hearing and location of the property, and the nature of the request shall be given in the following manner: (1) By publishing once in a newspaper of general cir- culation in the City. (2) By mailing a notice, postage prepaid, to the appli- cant, to each member of the Board of Zoning Adjustment, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose the name and address of such owners as shown upon the latest county assessment roll. (d) At the public hearing the applicant or permittee and any other interested person shall be entitled to be heard and present evidence. Any continued hearing may be convened at any public place as may appear convenient to the hearing body and those who may wish to attend or be heard. The Board shall follow its cus- tomary rules of procedure, except as may otherwise be required by the provisions of the Act or the State Policy. (e) After such matter has been heard and considered, the Board of Zoning Adjustment shall: (1) Approve, approve subject to conditions, or dis- approve any application for permit which it has considered; (2) Approve, approve subject to conditions, or dis- approve any reclamation plan which it has considered; (3) Approve, approve subject to conditions, or dis- approve any proposed amendment to an approved reclamation plan, or any proposed amendment of other terms and conditions of a permit or reclamation plan; (4) Fix the amount of the performance bond to guarantee reclamation in accordance with the reclamation plan if found necessary under Section 17.75.060. (5) Make such other order as may be appropriate to the disposition of the matter considered by the Board. (f) In making a decision on a reclamation plan, conditions of a reclamation plan or conditions of a permit, there may be imposed, in addition to the requirements and conditions provided in the Act and the State Policy, any and all requirements or con- ditions as may appear necessary to foster or protect: (1) The environmental objectives set forth in Sections 21000 and 21001 of the Public Resources Code; (2) The health, safety and welfare of persons residing near the site of the mining operation and the public; (3) Reasonable preservation of the values and uses and opportunity for potential uses of the adjacent and nearby areas insofar as not inconsistent with the provisions of the Act, the State Policy or this chapter. (g) Any decision required to be made under this chapter and any necessary findings shall be made within thirty (30) days after completion of the hearing, or within such longer period agreed upon by the applicant, or in the case of an appeal under Section 17.75.110, by the appellant. A copy of the decision and any findings shall be mailed to the applicant, permittee, or appellant at his address as shown in his application, permit or notice of appeal. Notice of such decision and any findings shall be deemed given to a person when a copy thereof has been placed in the United States mail, first-class postage prepaid, addressed accord- ing to this section. 5o 17.75.060 Performance Bond. Upon a finding by the Board of Zoning Adjustment that security to guarantee reclamation in accord- ance with the reclamation plan is necessary, and upon the deter- mination by the Development Services Department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond or other security guarantee conditioned upon the faithful performance of the reclamation plan shall be filed with the Development Services Department. Such surety or other guarantee shall be executed in favor of the City of Bakersfield and reviewed and revised, as necessary, biannually. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period, or other reasonable term. 17.75.070 Periodic Review. As a condition of approval for the permit or the reclamation plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continu- ing compliance with the permit and the reclamation plan. 17.75.080 Variance. Variances from an approved reclamation plan may be allowed upon request of the operator and applicant, if they are not one and the same, and upon a finding by the Board of Zoning Adjustment that each requested variance is necessary to achieve the prescribed or higher post-mining use of the reclaimed land. 17.75.090 Minor Amendments to Approved Plans. (a) The Development Services Department's authorized representatives are authorized to consider proposed minor amend- ments to approved reclamation plans, which they shall approve, approve subject to conditions, or disapprove. (b) If such representative deems that a proposed amendment constitutes a substantial deviation from the original plan, it shall be considered by the Board of Zoning Adjustment. (c) Any decision of the representative of the Development Services Department shall be subject to appeal. 17.75.100 Enforcement. The provisions of this chapter shall be enforced by any authorized member of the Development Services Department of the City of Bakersfield or such other persons as may be designated by the Council. 17.75.110 Appeal. (a) Any person aggrieved by an act or determination of the Development Services Department in the exercise of the authority granted herein shall have the right to appeal. (b) Any person seeking to appeal any decision made under this chapter shall file a notice of appeal in writing at the office of the Planning Director, and shall pay any fee required for filing a notice of appeal, within ten (10) calendar days after notice of decision has been given as required in Section 17.75.050(g). shall be deemed final if no notice of the period mentioned in subsection (b) of (c) The decision appeal is filed within this section. (d) The Board of Zoning Adjustment shall hear and consider appeals from decisions of any authorized representative of the Development Services Department. (e) The City Council shall hear and consider appeals from decisions of the Board of Zoning Adjustment. (f) In case of an appeal to the Board of Zoning Adjustment, the time, date and place for a public hearing thereon shall be fixed in the manner provided in Section 17.75.050(b), and notice of such hearing shall be given in the manner provided in Section 17.75.050(c). (g) In case of an appeal to the City Council, the time, date and place for a public hearing thereon shall be fixed by the City Clerk, to be held within the period mentioned in Section t7.75.050(b), and notice of such hearing shall be given in the manner provided in Section 17.75.050(c). (h) Hearings on appeals shall be conducted, as nearly as possible in accordance with the provisions of Section 17.75.050(d). (i) The body hearing an appeal shall hear, and receive evidence presented by the appellant, the applicant or permittee, or any other interested person. (j) In modifying a decision from which an appeal has been taken, the body hearing such appeal may delete or modify any con- dition imposed by the decision from which the appeal has been taken, and may impose any new or additional condition which it may deem germane to the matters considered in such appeal or its decision thereon. (k) decisions (1) Decisions on appeals shall be made and notice of such shall be given in accordance with Section 17.75.050(g). Unless the body hearing an appeal from a decision shall reverse or modify it by a vote of not less than a majority of all its voting members, the decision from which the appeal is taken shall be sustained by it. (m) If no decision on the appeal is made within the period and in the manner provided by Section 17.75.050(g), the decision from which the appeal is taken shall be deemed sustained by the body hearing the appeal, and the Planning Director shall mail notice of such fact to the persons and in the manner provided in Section 17.75.050(g) with reasonable promptness and in any case not more than ten (10) days after expiration of such period. 17.75.120 Severability. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, chapter. and after it shall not affect the remaining portions of this SECTION 2. This ordinance shall become effective thirty days from the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 25th day of October , 1978, by the following vote: &SS~NT: COUNCILMEN: CITY~ER an~icio Clerk of the Council of th~t~City of Bakersfield APPROVED this 25th/day of October ~ df 'th~ City of Bakersfield , 1978 APPROVED as to form: CITY ATTORNE~of t~z City of Bakersfield AffiXal! of os tng ( r tnances STATE OF CALIFORNIA, l County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that October 26 oa ..........................................................................................................................., 19_.?.~_. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .......................QG.~.pl~.e.~_ .2..~ ........................., 19...7..~..., which ordinance was numbered. ..........~.~ .....................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.75 TO THE MUNICIPAL CODE RELATING TO THE CALIFORNIA SURFACE MINING AND RECLAMATION ACT OF 1975, FOR USE IN MEETING MINIMUM STANDARDS IN COMPLIANCE WITH SAID ACT. Subscribed and sworn to before me this _3(~.~!~._ day of ..........9.9~.°-~'~;~ .....................,19...~{}.~