HomeMy WebLinkAboutOrdinances_2095_CCv0001.pdf ORDINANCE NO. 2095
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 18 . 156 ,
ARTICLE XI, OF THE REDLANDS MUNICIPAL CODE RELATING TO SURFACE
MINING AND LAND RECLAMATION
ORDINANCE TEXT AMENDMENT NO. 199
BE IT ORDAINED by the City Council of the City of Redlands as
follows;
SECTION ONE: Section 18 . 156 . 510 of the Redlands Municipal
Code is hereby amended to read as follows:
"18 . 156 . 510 Applicability - Exemptions .
A. The provisions of this Article shall apply to all lands within
the incorporated City limits.
B. The provisions of this Article are not applicable to:
1 . Excavations or grading for farming, on-site construction,
or restoration of land following a flood or natural
disaster;
2 . Reclamation of lands mined prior to January 1 , 1976 ;
3 . Reclamation of Lands mined by continuing surface
operations conducted with a vested right prior to
January 1 , 1976 , within the perimeter of mining
excavations and/or surface disturbance created prior to
that date, provided that any hazardous excavations
resulting from this operation are secured;
4 . Operations conducted prior to January 1 , 1976, on mining
claims located under the Mining Laws of 1872 , et seq. ,
and not recorded by January 1 , 1976 , as abandoned;
5 . Surface mining operations that are required by Federal
lacy in order to protect a mining claim, if such
operations are conducted solely for that purpose;
6 . Prospecting for, or the extraction of, minerals for
commercial purposes and the removal of overburdened in
total amounts of less than 1 , 000 cubic yards in any one
location of one acre or less; including any surface
mining operation that does not involve either the removal
of a total of more than 1 , 000 cubic yards of minerals,
ores, and overburdened, or involve more than one acre in
any one location;
7 . Such operations that the City determines to be of an
infrequent nature and that involve only minor surface
disturbances. "
SECTION TWO: Section 18 . 156 . 520 of the Redlands Municipal
Code is hereby amended to read as follows:
"18. 156 . 520 Plans for Location, Development and Reclamation
Requirements.
A location and development plan and reclamation plan are required,
except as provided in Section 2776 , Article V, Chapter 9 ,
Division 2 , of the California Public Resources Code.
A. 1 . Any person who proposes to engage in surface mining
activities, shall, prior to the commencement of such
operations, as defined in this Article, first file and
obtain approval from the Planning Commission of a
location and development plan and reclamation plan, in
accordance with the provisions set forth in this Chapter,
and as further provided in Section 2272 (f) of the
California Public Resources Code. The location and
development plan and reclamation plan shall be prepared
in accordance with and pursuant to the requirements of
Public Resources Code Sections 2772 (a) through 2772 (k)
and California Administrative Code Section 3502 (b) . A
fee as established by the City Council shall be paid to
the Department of Planning and Community Development at
the time of filing. A reclamation plan shall be filed
for existing non-exempted operations within 18 months
after adoption of the ordinance codified in this Article,
for Planning Commission review and approval for the
reclamation of surface mining activity for those portions
of the site mined after January 1 , 1976 .
2. Application for an application and development plan
and/or reclamation plan for surface mining or land
reclamation projects shall be made on forms provided by
the Planning Commission.
B. 1. No person who has obtained a vested right to conduct
surface-mining operations prior to January 1 , 1976 , shall
be required to secure a permit pursuant to the provisions
of this Article as long as such vested right continues;
provided, however, that no substantial changes may be
made in any such operation except in accordance with the
provisions of this Article.
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2. A person who has obtained a vested right to conduct
surface mining operations prior to January 1 , 1976, shall
submit to the Planning Department and receive, within a
reasonable period of time, 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 the plan
has accepted responsibility for reclaiming the mined
lands in accordance with the reclamation plan.
C. Nothing in this Article shall be construed as requiring the
filing of a reclamation plan for, or the reclamation of, mined
lands on which surface mining operations were conducted prior
to January 1 , 1976 . "
SECTION THREE: This ordinance shall be in force and take
effect as provided by law.
SECTION FOUR: The City Clerk shall certify to the adoption of
this ordinance and cause it to be published once in the Redlands
Daily Facts, a newspaper of general circulation printed and
published in this City.
Mayor of the City of Redlands
ATTEST:
Deputy City Clerk ✓
I, Beatrice Sanchez, Deputy City Clerk of the City of Redlands,
hereby certify that the foregoing Ordinance was duly adopted by the
City Council at a regular meeting thereof held on the 17th day of
October, 1989, by the following vote:
AYES: Councilmembers Wormser, DeMirjyn, Cunningham, Larson;
Mayor Beswick
NOES: None
ABSENT: None
G
Deputy City Clerk