4303FOLLOWS:
ORDINANCE NO. 4303
AN ORDINANCE OF THE CITY OF ANAHEIM AMEND-
ING CHAPTER 17.20 OF TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO EXCAVATION AND
RECOVERY OF NONFUEL MINERALS AND RECLAMATION
OF MINED LANDS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That the title of Chapter 17.20 of Title 17 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"CHAPTER 17.20
EXCAVATION AND RECOVERY OF NONFUEL MINERALS
AND RECLAMATION OF MINED LANDS"
SECTION 2.
That Subsection .010 of Section 17.20.010 of Chapter
17.20, Title 17, of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".010 This chapter is intended to promote
the orderly utilization of nonfuel minerals and imple-
ment the Surface Mining and Reclamation Act of 1975 as
the same may be amended from time to time, or any suc-
cessor statute thereto (hereinafter 'Surface Mining and
Reclamation Act'). The City Council finds that the
excavation and recovery of the City's nonfuel minerals
in an orderly and efficient manner is essential to the
future growth and development of the County's urbanizing
areas. These resources are found to be essential to the
community's economic health and vital to the preserva-
tion of its growth potential."
SECTION 3.
That Section 17.20.020 of Chapter 17.20, Title 17 of the
Anaheim Municipal Code be, and the sante is hereby, amended to read
as follows:
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"17.20.020 CONDITIONAL USE PERMIT.
Except as otherwise specified in the
Surface Mining and Reclamation Act, no person shall
conduct surface mining operations (including, but not
limited to, the excavation, processing, storage,
wholesaling and distribution of sand, gravel and other
nonfuel mininerals) unless a conditional use permit is
obtained from, and a reclamation plan has been submit-
ted to, and approved by, the Planning Commission for
such operations pursuant to the requirements of this
Chapter and Chapter 18.03 of the Anaheim Municipal Code.
No reclamation plan shall be approved
which does not meet the requirements set forth in the
Surface Mining and Reclamation Act.
The site development standards in Section
17.20.030 shall apply to said operations unless variances
therefrom are specifically granted in conjunction with
the approval of such permit.
The decision of the Planning Commission
regarding said permit and reclamation plan shall be
subject to appeal to the City Council in the time and
manner otherwise set forth for conditional use permits
pursuant to Chapter 18.03 of the Anaheim Municipal Code.
The decision of the City Council shall be deemed final."
SECTION 4.
That Subsection .1001 of Section 17.20.030 of Chapter
17.20, Title 17, of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
".1001 Cuts or Slopes. Production from an open
pit shall be permitted to the extent that the finished
cut or slope is stable for the specified soil condition
in the area of excavation. The consideration of stabil-
ity of slope must recognize high ground water levels
which may exist from time to time. In the interests of
public safety and welfare, a thorough soils engineering
investigation and complete report of the findings shall
be required where it is proposed to excavate within
five hundred feet of the right-of-way of the Santa Ana
River. Such an investigation shall be conducted by an
approved soils engineer retained by and at the expense
of the operator of the activities on the subject prop-
perty. The soils report shall include, but not neces-
sarily be limited to, specifying composition and charac-
teristics of native soils, certification as to the
stability and acceptability of existing or proposed cuts
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or slopes. Additionally, the City Engineer shall re-
quire such a report relative an an operating pit, where
he has reason to believe that finished cuts or slopes are
unstable. Where cuts or slopes are determined to be
unstable, the City Engineer shall cause the production
from any open pit to "STOP," with immediate remedial
action to be taken by the operator of the activities to
stabilize cuts or slopes."
SECTION 5.
That Subsection .150 of Section 17.20.030 of Chapter
17.20, Title 17, of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".150 Development Review. All surface mining
and reclamation operations shall be subject to review
and inspection to assure compliance with the provisions
of the conditional use permit, the reclamation plan and
the requirements of this Chapter. Violation of any
provisions of said permit, reclamation plan or this
Chapter shall be grounds for termination of said permit
pursuant to Section 18.03.091 of the Anaheim Municipal
Code."
SECTION 6.
That Subsection .1605 of Section 17.20.030 of Chapter
17.20, Title 17, of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".1605 Street trees for any abutting street
or highway shall be furnished and planted in accord-
ance with the requirements of the Superintendent of
Parkway Maintenance. Where fully concreted parkways
are approved, tree wells shall be installed in accord-
ance with City parkway development standards."
SECTION 7.
That new Section 17.20.040 be, and the same is hereby,
added to Chapter 17.20 of Title 17 of the Anaheim Municipal Code
to read as follows:
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"17.20.040 RECLAMATION.
.010 Reclamation Plan. Concurrently with
any application for a conditional use permit pursuant
to this Chapter, the applicant shall submit a reclama-
tion plan to the Planning Commission for review and
approval. Said reclamation plan shall comply with the
requirements of the Surface Mining and Reclamation Act
and shall be approved, approved with modifications, or
disapproved by the Planning Commission. No conditional
use permit shall be approved pursuant to this Chapter
prior to the approval of a reclamation plan therefor.
.020 Reclamation Schedule. Reclamation of
each area subject to such permit shall be commenced as
soon as excavation operations have been completed in
such area and continue in a diligent manner until com-
pletion. Such reclamation operations shall be conducted
prior to, or concurrently with, excavation operations
in any other area for which such permit was approved.
.030 Exemptions. No person who has obtained
a vested right to conduct an excavation prior to
January 1, 1976, shall be required to secure a permit
pursuant to the provisions of this chapter as long as
such vested right continues, provided that no substan-
tial change is made in that operation except in accord-
ance with the provisions of this chapter. 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 or other authorization, if such permit or
other authorization was required, diligently commenced
excavations and incurred substantial liabilities for work
and materials necessary therefor. Expenses incurred in
obtaining the enactment of an ordinance in relation to
a particular operation or the issuance of a permit shall
not be deemed liabilities for work materials.
A person who has obtained a vested
right to conduct excavations prior to January 1, 1976,
shall submit to the City Planning Commission and receive,
within a period of six (6) months, approval of a
Reclamation Plan for operations to be conducted after
January 1, 1976, unless a Reclamation Plan was approved
by the County of Orange, or the City of Anaheim, prior
to January 1, 1976, and the person submitting that plan
has accepted responsibility for reclaiming the mined
lands in accordance with that plan. Nothing in this
ordinance shall be construed as requiring the filing of
a reclamation plan for, or the reclamation of, mined
lands on which excavations were conducted prior to, but
not after, January 1, 1976.
.0301 The State Geologist shall be notified of
the filing of all permits applications.
.0302 The provisions of this Chapter shall be
continuously reviewed and revised, as necessary, in
order to ensure that it is in accordance with the state
-- policy for mined lands reclamation.
.040 Faithful Performance Bond. Upon a deter-
mination by the Planning Commission that a guarantee for
the reclamation of the mined land is necessary, and upon
the determination by the Planning Department of the cost
of the reclamation of the mined land according to the
Reclamation Plan, a surety bond, lien, or other security
guarantee conditioned upon the faithful performance of
the Reclamation Plan shall be filed with the Planning
Department. Such security shall be executed in favor of
the City of Anaheim and reviewed and revised, as neces-
sary, biannually. Such security shall be maintained in an
amount equal to 125% of the cost of completing the remain-
ing reclamation of the site as prescribed in the approved
or amended Reclamation Plan."
SECTION 8.
That new Section 17.20.050 be, and the same is hereby,
added to Chapter 17.20 of Title 17 of the Anaheim Municipal Code
to read as follows:
"17.20.050 CONFLICTING PROVISIONS.
In the event of any conflict between the
provisions of this Chapter and the Surface Mining and
Reclamation Act, the provisions of the Surface Mining
and Reclamation Act shall be deemed to control."
SECTION 9. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which viola-
tions were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal pro-
visions applicable to any violation thereof. The provisions of
this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactment.
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SECTION 10. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be in-
valid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the elimina-
tion herefrom of any such portion as may be declared invalid.
SECTION 11.
The City Clerk shall certify to the passage of this or-
dinance and shall cause the same to be printed once within fifteen
(15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, printed, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 6th da o January,
1982.
YOR F THE CIT O H IM
ATTEST; LINDA D. ROBERTS, CITY RK
DEPUTY CITY CLERK OF THE CITY OF ANAHEIM
JLW : fm
WIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Ordinance No. 4303 was introduced at a regular meeting of
the City Council of the City of Anaheim, held on the 19th day of January, 1982, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 26th day of January, 1982, by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4303 on the 26th day of January, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this 26th day of January, 1982.
LINDA D. ROBERTS, CITY CLERK
DEPUTY CITY CLERK
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 4303 and was published once in
the Anaheim Bulletin on the 5th day of February, 1982.
LINDA D. ROBERTS, CITY CLERK
DEPUTY CITY CLERK