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ORDINANCE NO. 1554
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1000 OF THE,
CITY OF REDLANDS 13Y ADOPTING AMENDMENT NO. 131 THERETO
THE CITY COUNCIL OF THE CITY OF REE NUS DOES ORDAIN:
Section One. That Zoning ordinance No. 1000 of the City of
Redlands, Section 52.1 +, be hereby amended as follows
SECTION 52 .10 DEVELOPMENT PROVISIONS FOR SPECIFIC USE
C. SURFACE MINING AND LAND RECLAMATION
The purpose of these provisions is to establish procedures
for the review and regulation of surface mining operations
and to insure the reclamation thereof in accordance with
the Surface Mining and Reclamation Act of 1975.
1. DEFINITIONS
"Exploration" or "prospecting" deans the search for
minerals by geological, geophysical, geochemical,, or°
other techniques, including, but not limited to,
sampling, assaying, drilling, or any surface or under-
ground works needed to determine the type, extent, or
quantity of mineral present;..
"Hazardous excavation"--an unattended pit, shaft,
portal or either surface opening which, if not secured;
by covering, fencing, or having access restricted by
gates, doors, or other reasonable means,- presents a
threat to the physical safety of the public.
"Lead agency"--<a city or county which has the principal
responsibility for approving a surface mining operation
pursuant to the California Public Resources Code.
"Mined lands"---includes the surface, subsurface, and
ground water of an area in which surface mining opera-
tions will be, are 'being, or have been conducted, in-
cluding pri
e90,.-,,
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"Mining waste"--includes the residual of sail, rock,
mineral, liquid, vegetation, equipment, machines-, tools,
or other materials or property directly resulting from,
or displaced by, surface mining operations-.
"Operator"--any person who is engaged in surface mining
operations himself, or who contracts with others to
conduct operations on his behalf, except a person who
is engaged in surface mining operations as an employee
with wages as his sole compensation.
"Overburden"--soil, rock, or other materials that lie
above a natural mineral deposit or in between deposits,
before or after their removal by surface mining operations.
"Person"--any individual, firm, association, corporation,
organization, or partnership, or any city, county, dis-
trict, or the state or any department or agency thereof,.
"Reclamation"--the combined process of land treatment
that minimizes water degradation, air pollution, damage
to aquatic or wildlife habitat, flooding, erasion, and
other adverse effects from surface raining operations in-
cluding adverse surface> effects incidental to underground
mines, so that mined lands are reclaimed to a usable con-
dition which is readilyadaptable for alternate land
uses and create no danger to public health or safety.
The process may extend to affected lands surrounding
mined lands, and may require backfilling, grading, re-
soiling, revegetation, soil compaction, stabilization,
or Cather measures.-
" tate geologist"--individual ividual holding office as provided
in the California Public Resources Gude, Section :677,
Article 3, Chapter 2, Division 1
"Surface mining operations"--all, or any part of,; the
process involved in the mining of minerals on mined lands
by removing overburden and mining directly from the min-
eral deposits, open--pit mining of minerals naturally ex-
posed, mining by the auger method, dredging and quarrying,
or surface work incident to an underground. mine, Surface
mining operations shall include, but; are not limited to
(a) Inplace distillation, retorting< or :leaching.
(b) Production and disposal of mining waste.
(c) Prospecting and exploratory activities.
"Vested right"--A person shall be deemed to have such
vested rights if, prior to January 1, 1976, he has, in
good faith and in reliance upon a permit, if such
Ordinance No. 1584 -
Rage two
permit or ether authorization was required, and was
in compliance with city regulations, diligently
commenced surface mining operations and incurred
substantial liabilities for work and materials
necessary therefor.
. SCOPE
a. The provisions of this section shall apply to all
lands within the incorporated city limits
b. The provisions of this section are not applicable
to,:
(a) Excavations or grading for farming, onsite
construction, or restoration of land following
a flood or natural disaster.
(b) Reclamation of lands mined prior to January 1,
1976.
(c) Reclamation of lands mined by continuing sur-
face operations conducted with a vested right
prior to January 1, 1976, within the perimeter
of mining excavations and/or surface disturb-
ance created prior to that date, provided that
any hazardous excavations resulting from this
operation are secured.
(d) Operations conducted prior to January 1, 1976,
on mining claims located under the raining laws
of 1872 etseq., and not recorded by January
1, 1976, as abandoned..
(e) Those underground operations with tailings or
waste' `dumps not exceeding one (l) acre i ex-
tent at any one site of underground access
opening, providing such openings are secured.
W Surface mining operations that are rewired by
Federal law in carder to protect a mining claim,
if such operations are conducted solely for
that purpose.
(g) Prospecting for, or the extraction of, minerals
for commercial purposes and: the removal o
overburden in total amounts of less than one
thousand (1,000) cubic is yards in any one location
of one (1) acre or less.
Ordinance Now 1584
Page three
A {
(h) Such operations that the City determines to
be of an infrequent nature and that involve
only minor surface disturbance.
. LOCATION AND DEVELOPMENT PLAN AND RECLAMATION PLAN
REQUIRED (EXCEPT AS PROVIDED IN SECTION 2776, ARTICLE
, CHAPTER 9, DIVISION 2, OF THE CALIFORNIA PUBLIC
RESOURCES CODE
a Any person who proposes to engage in surface mining
activity shall, prier to the commencement of said
operations as defined in this section, first file
and obtain approval from the Planning Commission of
a Location and Development Plan ;and Reclamation Plan
in accord with the provisions set forth in this
section, and as further provided in Section 77 (f)
of the California Public Resources Code. 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 operation within
eighteen (18) months after adoption of this ordi-
nance for Planning Commission review and approval
for the reclamation of surface raining activity for
those portions of the site rained after January 1,
1976.
Application for a Location and Development Plan and/
or Reclamation Plan for surface mining or land
reclamation projects, shall be made on forms provided;
by the Planning Department.,
b,. 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 section as long as such vested
right continues; provided, however, that: no substan-
tial changes may be made in any such operation except
in accordance with the provisions of this section.
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 respon-
sibility
spon-sibility for reclaiming the mined lands in accordance
with the reclamation plan.
Ordinance No. 1584
Page four
ANN
I V"'NIX.
Nothing in this section shall be construed as requir-
ing 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.
. REVIEW PROCEDURES
Ippon completion of the Environmental Review procedure, and
filing of all documents as required by the Planning Depart-
ment, public hearing will be schedule for Planning Com-
mission consideration of the Location and Development Plan
and,/or Reclamation Plan for the proposed or existing sur-
face mine pursuant to Section 52.00 of Ordinance 1000 and
Section 2774 of the California Public Resources Code.
5. PERIODIC REVIEW
As a condition of approval for either the Location and
Development Plan or the Reclamation Plan, a periodic
review schedule shall be stablished to evaluate the
compliance with said plan..
6. ENFORCEMENT
The provisions of this chapter shall be enforced by the
Community Development Director or his designee.
7. Any person aggrieved by an act or determination of the Com-
munity Development Director in the exercise of the author-
ity granted herein, shall have the right to appeal to the
Planning Commission or the City Council, and pursuant to
Section 2775 of the California public Resources Code.
Secte>ion Two: This ordinance shall be in farce and, take effect as
provided by law.
Section Three: The City Clerk shall certify to the adoption of
this ordinance and. cause it to be published once in the Redlands Daily
`acts, a newspaper of general circulation printed and published in the
Cite of Redlands ., w.h
ATT ES T R
� a o o th Ci. R d ands
City ClerkI V !
I, C. walls, Deputy City Clerk of the
APPROVED FOR FO City of Redlands, hereby certify that the
foregoing ordinance was duly adapted by the
City 'Council at a regular meeting thereof
s,/ Edward E. Taylor held on the 20th day of July, 1976.
City Attorney
ACES Councilmembers Knudsen, Miller, grace,
Elliott, Mayor DeMi.ryn
NOES None
SENT: None
" ,
1ttt
Deputy City Clerk, City of Redlands
Ordinance No 1554 -
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