5699ORDINANCE NO. 5699
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
17.20 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO EXCAVATION AND RECOVERY OF NONFUEL MINERALS
AND RECLAMATION OF MINED LANDS.
WHEREAS, the Surface Mining and Reclamation Act of 1975
(Public Resources Code Section 2710, and sections following), as
amended from time to time (hereinafter the "Act"), requires every
lead agency to adopt ordinances in accordance with state policy
which establishes procedures for the review and approval of
reclamation plans and financial assurances and the issuance of a
permit to conduct surface mining operations, and further requires
that the ordinances be periodically reviewed by the lead agency
and revised, as necessary, to ensure continued conformance with
state policy (Public Resources Code 2774(a).); and
WHEREAS, the City Council has previously approved and
adopted Chapter 17.20 of the Anaheim Municipal Code to promote
the orderly utilization of nonfuel minerals and implement the
Act; and
WHEREAS, subsection 17.20.040.030, paragraph .0302
requires that the provisions of Chapter 17.20 be reviewed and
revised, as necessary, in order to ensure that it is in
accordance with the state policy for mined lands reclamation; and
WHEREAS, Chapter 17.20 requires revisions to remain in
accordance with state policy; and
WHEREAS, in order to comply with the aforementioned
statutes, and in order to correct existing conditions and prevent
future conditions that are detrimental to the public health and
safety and may result in serious injury, it is reasonably
necessary for the City of Anaheim to adopt an ordinance
establishing standards for excavation and recovery of nonfuel
materials and reclamation of mined lands within the City of
Anaheim, including areas of the City of Anaheim governed by
development agreements heretofore approved by the City pursuant
to Section 65864, et seq., of the Government Code ("development
agreements"); and
WHEREAS, the reclamation of mined lands is necessary to
prevent or minimize adverse effects on the environmental and to
protect the public health and safety; and
WHEREAS, the Planning Department of the City of Anaheim
notified parties to development agreements of the proposed
revision of Chapter 17.20 and, where requested, conferred with
parties to said development agreements in a good faith effort to
address any questions or problems presented. Of all means
reasonably known to the City which could feasibly correct or
avoid the injurious or detrimental condition, the modifications
to Chapter 17.20 are the most reasonable means to protect the
health, safety and welfare of the public; and
WHEREAS, the City Council does hereby further find and
determine that failure to adopt the provisions of this Chapter
and to make said provisions applicable to properties which are
subject to existing development agreements would result in a
condition injurious or detrimental to the public health and
necessary to correct or avoid such injurious or detrimental
condition. Consequently, the provisions of this Chapter shall
apply to all property located within the City of Anaheim
notwithstanding that said property may be the subject of a
development agreement which became effective prior to the date of
adoption of this Chapter and which development agreement contains
any provisions to the contrary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Chapter 17.20 of Title 17 of the Anaheim Municipal
Code be, and the same is hereby, amended in its entirety to read
as follows:
"Chapter 17.20
EXCAVATION AND RECOVERY OF
NONFUEL MINERALS AND
RECLAMATION OF MINED LANDS
17.20.010 PURPOSE.
.010 The City of Anaheim recognizes that the extraction
of minerals is essential to the continued economic well-
being of the City and to the needs of society and that the
reclamation of mined lands is necessary to prevent or
minimize adverse effects on the environment and to protect
the public health and safety. The City also recognizes that
surface mining takes place in diverse areas where the
geologic, topographic, climatic, biological and social
conditions are significantly different and that reclamation
operations and the specifications therefore may vary
accordingly. The purpose and intent of this Chapter is to
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regulate surface mining operations as authorized by the
California Surface Mining and Reclamation Act ("SMARA") of
1975, Public Resources Code Section 2710 et seq., as
amended, hereinafter referred to as SMARA, to ensure that:
.0101 The adverse effects, if any, of surface
mining operations will be prevented or minimized and
that the reclamation of mined lands will provide for
the beneficial, sustainable long-term productive use of
the mined and reclaimed lands; and
.0102 The production and conservation of minerals
will be encouraged while minimizing to the extent
feasible hazards to public health and safety and
avoiding or minimizing adverse effects on the
environment, including but not limited to geologic
subsidence, air pollution, water quality degradation,
damage to biological resources, flooding, erosion,
degradation of scenic quality and noise pollution.
.020 In the event of any conflict or inconsistencies
between any provision contained in any other Chapter of this
Code and any provision contained in this Chapter, the
provision contained in this Chapter shall govern and apply.
17.20.020 DEFINITIONS.
For purposes of this Chapter, the following words and
phrases shall be defined as follows:
"DEPARTMENT OF CONSERVATION" means the Department
of Conservation of the State of California Resources Agency.
"IDLE" means to curtail for a period of one (1)
year of more surface mining operations by more than ninety
percent (900) of the operation's previous maximum annual
mineral production, with the intent to resume those surface
mining operations at a future date.
"MINERALS" means any naturally occurring chemical
element or compound, or groups of elements and compounds,
formed from inorganic processes and organic substances,
including but not limited to coal, peat and bituminous rock,
but excluding geothermal resources, natural gas and
petroleum. For purposes of this Chapter, minerals shall
also include but not be limited to sand, gravel, clay,
cinders, diatomaceous earth, shale, limestone, flagstone,
decorative stone and rip -rap.
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"OPERATOR" means any person or persons who is
engaged in surface mining operations or who contracts with
others to conduct operations on his or her behalf, except a
person who is engaged in surface mining operations as an
employee with wages as his or her sole compensation.
"OVERBURDEN" means soil, rock or other materials
that lie above a natural mineral deposit or in between
mineral deposits, before or after their removal by surface
mining operations.
"PERSON" means any individual, firm, association,
corporation, organization or partnership; or any city,
county, district or the state; or any department or agency
thereof.
"PLANNING DIRECTOR" means the Planning Director of
the City of Anaheim or his or her duly authorized designee.
"RECLAMATION" means the combined process of land
treatment that minimizes water degradation, air pollution,
damage to aquatic or wildlife habitat, flooding, erosion,
and other adverse effects from mining operations, including
adverse surface effects incidental to underground mines, so
that mined lands are reclaimed to a useable condition which
is readily adaptable to alternative land uses and creates no
danger to public health or safety. The process may extend
to affected lands surrounding mined lands, and may require
backfilling, grading, recoiling, revegetation, soil
compaction, stabilization or other measures.
"SURFACE MINING OPERATIONS" means all or any part
of the process involved in the mining of minerals on mined
lands by removing overburden and mining directly from the
mineral deposits, open pit mining of minerals naturally
exposed, mining by auger method, dredging and quarrying, or
surface work incidental to an underground mine. Surface
mining operations shall include, but are not limited to:
(1) In-place distillation or retorting or leaching;
(2) The production and disposal of mining waste; and
(3) Prospecting and exploratory activities.
Surface mining operations shall also include the creation of
borrow pits, streamed skimming, segregation, stockpiling of
mined materials and recovery of same.
17.20.030 INCORPORATION OF SMARA AND STATE REGULATIONS.
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The provisions of the California Surface Mining and
Reclamation Act of 1975 (SMARA) and the California Code of
Regulations implementing the Act (hereinafter referred to as the
state regulations), as either may be amended from time to time,
are made a part of this Chapter by reference with the same force
and effect as if the provisions therein were specifically and
fully set out herein, excepting that when the provisions of this
Chapter are more restrictive than correlative state provisions,
this Chapter shall prevail.
17.20.040 APPLICABILITY.
.010 Requirement for a Conditional Use Permit. Unless
exempted by provisions of this Chapter, a conditional use
permit as provided under Chapter 18.03 "Zoning Procedures -
Amendments, Conditional Use Permits and Variances" of the
Anaheim Municipal Code shall be required for all surface
mining operations; and shall be required for the substantial
expansion or change of operation of any surface mine for
which such expansion or changes have not been previously
approved.
.020 Annexation of Nonconforming Uses. The provisions
of Section 18.02.058 "Nonconforming Structures and Uses -
General" of this Code shall apply to existing nonconforming
uses annexed into the City of Anaheim.
.030 Requirement for Reclamation Plan. A reclamation
plan shall be required for all surface mining operations in
which surface mining is allowed, as well as for those
portions of existing surface mining operations conducted
after January 1, 1976, unless a reclamation plan was
approved by the city or county prior to that date and the
person or entity submitting that plan has accepted
responsibility for carrying out the plan. Nothing in this
Chapter 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 legally and
in compliance with all applicable city or county regulations
and completed prior to January 1, 1976,
.040 Exemptions. A reclamation plan shall not be
required for any of the following activities:
.0401 Excavations of grading conducted for
farming or onsite construction or for the purpose of
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restoring land following a flood or other natural
disaster;
.0402 Prospecting for, or the extraction of,
minerals for commercial purposes and the removal of
overburden in total amounts of less than one thousand
(1,000) cubic yards in any one (1) location of one (1)
acre or less;
.0403 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;
and
.0404 Such other surface mining operations which
the State Mining and Geology Board determines to be of
an infrequent nature and which involve only minor
surface disturbances.
17.20.050 CONTENTS OF APPLICATIONS FOR CONDITIONAL USE PERMITS
FOR SURFACE MINING OPERATIONS AND FOR RECLAMATION
PLANS.
.010 In addition to the petition for a conditional use
permit required in Chapter 18.03, all applications for
conditional use permits for surface mining operations shall
contain as many copies of a reclamation plan application as
may be required. For surface mining operations that are
legally established nonconforming uses not otherwise
required to obtain a conditional use permit by Section
17.20.040 "Applicability" of this Chapter, the reclamation
plan application shall include such information concerning
the mining operation as is required for processing the
reclamation plan.
.020 Applications shall include the necessary
environmental review forms and information prescribed by the
California Environmental Quality Act ("CEQA") and the City's
Environmental Review Guidelines, as either may be amended
from time to time.
.030 The Planning Department will review the
application package for completeness and shall, within
thirty (30) days after receipt, either accept the
application as complete for the purpose of initiating permit
processing or return the application as incomplete with an
explanation of where the application is deficient.
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Resubmittal of the revised application shall start a new
review time frame.
17.20.060 PROCESSING OF CONDITIONAL USE PERMITS AND RECLAMATION
PLANS.
.010 Within thirty (30) days of acceptance of an
application for a conditional use permit for surface mining
operations and/or a reclamation plan as complete, the
Planning Department shall notify the Director of the
Department of Conservation of the filing of the
application(s). Whenever mining operations are proposed in
the one hundred (100) year flood plain of any stream, as
shown in Zone A of the Flood Insurance Rate Maps issued by
the Federal Emergency Management Agency, and within one (1)
mile, upstream or downstream, of any state highway bridge,
the Planning Department shall also notify the State
Department of Transportation that the application has been
received.
.020 A conditional use permit for surface mining
operations shall be processed in accordance with Chapter
18.03 and shall be subject to the conditions and required
showings of Section 18.03.030 "Conditional Use Permits
(C.U.P.'s) - General."
.030 The Planning Department shall process the
applications(s) through environmental review pursuant to
CEQA and the City's Environmental Review Guidelines, as
either may be amended from time to time.
.040 Subsequent to the appropriate environmental
review, the Planning Department shall prepare a staff report
with recommendations for consideration by the Planning
Commission.
.050 The Planning Commission shall hold at least one
(1) noticed public hearing on the conditional use permit
and/or reclamation plan.
.060 Prior to final approval of a reclamation plan, or
any amendments to a reclamation plan, and financial
assurances (as specified in this Chapter), the Planning
Commission shall certify to the Director of the Department
of Conservation that the reclamation plan complies with the
applicable requirements of the state regulations in effect
at the time the reclamation plan is submitted to the
Department of Conservation for review, and submit the
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reclamation plan, financial assurances, or amendments to the
plan to the Department of Conservation for review. If
necessary to comply with permit processing deadlines, the
Planning Commission may conditionally approve the
conditional use permit with the condition that the operator
shall not commence the mining operation until financial
assurances have been approved by the Department of
Conservation and final action has been taken on the
reclamation plan.
The Director of the Department of Conservation
shall have thirty (30) days from the time he or she is first
notified to prepare written comments on the reclamation
plan, if the Director so chooses. The Planning Commission
shall evaluate written comments received from the Department
of Conservation during the thirty (30) day comment period or
such further time as may be mutually agreed to by the City
and the operator. If necessary, staff will prepare a report
describing the disposition of the major issues raised by the
Department of Conservation for the Planning Commission's
approval. In particular, if the Planning Commission's
position is at variance with the recommendations and/or
objections raised in the Department of Conservation's
comments, the written response shall address, in detail, why
specific comments and suggestions were not accepted. Copies
of any written comments received and responses prepared by
the Planning Commission shall be promptly forwarded to the
operator.
.070 The Planning Commission shall then take final
action to approve, conditionally approve, or deny the
conditional use permit and/or reclamation plan. The
Planning Commission's action shall be final, 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 this Code. The decision of the City Council shall
be deemed final.
.080 If a project has proceeded to review by the City
Council, the Council may, at its discretion, assume duties
assigned to the Planning Commission under this Chapter or
delegate specific related tasks back to the Planning
Commission.
.090 The Planning Department shall forward a copy of
each approved conditional use permit for mining operations
and/or approved reclamation plan to the Director of the
Department of Conservation.
.100 Annual Reports. Surface mining operators shall
forward an annual status report to the Director of the
Department of Conservation and the City of Anaheim Planning
Department on a date established by the Department of
Conservation upon forms furnished by the State Mining and
Geology Board.
17.20.070 PERFORMANCE STANDARDS FOR RECLAMATION PLANS.
.010 All new or revised reclamation plans shall conform
to minimum statewide performance standards required pursuant
to SMARA, Sections 2772 and 2773, and Sections 3500-3505 and
3700-3713 of the state regulations, as adopted by the State
Mining and Geology Board, including but not limited to
wildlife habitat, backfilling, revegetation, drainage,
agricultural land reclamation, equipment removal, stream
protection, topsoil salvage and waste management.
.020 The City of Anaheim may impose additional
performance standards developed either in review of
individual projects, as warranted, or through the
formulation and adoption of citywide performance standards.
17.20.080 PHASING OF RECLAMATION.
Reclamation activities shall be phased with respect to
the phasing of the mining operation and shall be initiated at the
earliest possible time on those portions of the mined lands that
will not be subject to further disturbance. Interim reclamation
may also be required for mined lands that have been disturbed and
will be disturbed again in future operations. Reclamation may be
done on an annual basis, or in stages compatible with continuing
operations, or on completion of all excavation, removal, or fill,
as approved by the City. Each phase of reclamation shall be
specifically described in the reclamation plan and shall include:
the expected beginning and ending dates for each phase, all
anticipated reclamation activities, criteria for measuring
completion of specific reclamation activities, and estimated
costs as provided in Section 17.20.100 "Financial Assurances for
Reclamation Plans" of this Chapter. The Planning Commission
shall review and approve a reclamation schedule as part of the
reclamation plan.
17.20.090 FINDINGS FOR APPROVAL OF A RECLAMATION PLAN.
In addition to the findings for approval of conditional
use permits specified in Chapter 18.03.030.030 "Required
Showings" of this Code, prior to approval of a reclamation plan,
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the following findings shall be required based upon the
information submitted by the applicant, the evaluation of the
City's independent consultant and the evidence submitted at the
public hearing:
.010 That the Reclamation Plan complies with the
California Surface Mining and Reclamation Act and any other
applicable provisions;
.020 That the Reclamation Plan complies with applicable
requirements of the State of California regulations as
determined by the City;
.030 That the Reclamation Plan and potential use of
reclaimed land pursuant to the Plan are consistent with
Chapter 17.20 "Excavation and Recovery of Nonfuel Minerals
and Reclamation of Mined Lands" of the Anaheim Municipal
Code and the City of Anaheim General Plan including the
Conservation Element of the General Plan;
.040 That, through the Reclamation Plan, all
significant adverse impacts, if any, on lands to be
reclaimed as a result of the surface mining operations are
mitigated to the extent feasible;
.050 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
disturbances to resource values; and
.060 That the Reclamation Plan will restore the mined
lands to a usable condition which is readily adaptable to
alternative land uses consistent with the City's General
Plan including the Conservation Element of the General Plan.
17.20.100 FINANCIAL ASSURANCES FOR RECLAMATION PLANS.
.010 In order to ensure that reclamation will proceed
in accordance with the approved reclamation plan, the City
shall require as a condition of approval one (1) or more
forms of security which will be released upon satisfactory
performance. The applicant may post security in the form of
a corporate surety bond, trust fund, irrevocable letter of
credit from an accredited financial institution, a
certificate of time deposit as part of an approved trust
fund, or other method acceptable to the City and the
10
Department of Conservation as specified in statewide
regulations adopted by the State Mining and Geology Board.
Financial assurances shall be made payable to the City of
Anaheim and the Department of Conservation.
.020 Financial assurances shall be required to ensure
compliance with elements of the reclamation plan including
but not limited to revegetation and landscaping
requirements, restoration of aquatic or wildlife habitat,
protection of archeological sites, restoration of water
bodies and water quality, slope stability and erosion and
drainage control, disposal of hazardous materials, and other
mitigation measures. Financial assurances for such elements
of the reclamation plan shall be monitored by the Planning
Department.
.030 The amount of the financial assurances shall be
based upon the estimated costs of reclamation for those
portions of land disturbed and not yet reclaimed, or phases
as stipulated to in the reclamation plan, including any
maintenance of reclaimed areas as may be required. Cost
estimates shall be prepared by a licensed engineer and/or
other qualified professional retained by the operator and
approved by the City Planning Director. Prior to City
approval, the Planning Department shall forward a copy of
the cost estimates to the Director of the Department of
Conservation for review. The Director shall have forty five
(45) days from the time he or she is first notified to
review the cost estimates and prepare written comments, if
the Director so chooses. Financial assurances may be based
upon estimates including but not necessarily limited to the
volume of earth moved (cubic yards) for each year or phase
of reclamation. Financial assurances to ensure compliance
with revegetation, restoration of water bodies, restoration
of aquatic or wildlife habitat, and any other applicable
element of the reclamation plan shall be based upon cost
estimates that include but may not be limited to labor,
equipment, materials, mobilization of equipment,
administration, and reasonable profit by a commercial
operator other than the permittee.
.040 In projecting the costs of financial assurances,
it shall be assumed without prejudice or insinuation that
the surface mining operation could be abandoned by an
operator and, consequently, the city or state may contract
with a third -party commercial company for mobilization and
reclamation of the site.
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.050 Where reclamation is accomplished in annual
increments, the amount of financial assurances required for
any one (1) year shall be adjusted annually and shall be
adequate to cover the full estimated costs of reclamation of
any land projected to be in a disturbed condition from
mining operations by the end of the following year. The
estimated costs shall be in the amount required to complete
the reclamation on all areas that will not be subject to
further disturbance, and to provide interim reclamation, as
necessary, for any partially excavated areas in accordance
with the reclamation plan. Financial assurances for each
year shall be released upon successful completion of
reclamation (including any maintenance required) of all
areas that will not be subject to further disturbance and
upon the operator filing additional financial assurances for
the succeeding year. Financial assurances for all
subsequent years of the operation shall be handled in the
same manner.
.060 Financial assurances for reclamation that is
accomplished in multiple -year phases shall be handled in the
same manner as described for annual reclamation.
17.20.110 INSPECTIONS.
The Planning Director shall arrange for inspection of a
surface mining operation within six (6) months of receipt of the
annual report required in Section 17.20.060 "Processing of
Conditional Use Permits and Reclamation Plans" of this Chapter,
to determine whether the surface mining operation is in
compliance with the approved conditional use permit and/or
reclamation plan, and the state regulations. In no event shall
less than one (1) inspection be conducted in any calendar year.
Said inspections may be made by a state -registered geologist,
state -registered civil engineer, state -licensed landscape
architect, state -registered forester, or other qualified
specialist, as selected by the Planning Department. All
inspections shall be conducted using a form provided by the State
Mining and Geology Board. The Planning Director shall notify the
Director of the Department of Conservation within thirty (30)
days of completion of the inspection that the inspection has been
conducted and shall forward a copy of said inspection notice and
any supporting documentation to the mining operator. The
operator shall be solely responsible for the reasonable cost of
such inspection.
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17.20.120 INTERIM MANAGEMENT PLANS.
.010 Within ninety (90) days of a surface mining
operation becoming idle, as defined in this Chapter, the
operator shall submit to the Planning Department an interim
management plan. The interim management plan shall fully
comply with the requirements of SMARA, Sec. 2770(h), and
shall provide measures that the operator will implement to
maintain the site in compliance with SMARA, including, but
not limited to, all conditions of the conditional use permit
and/or reclamation plan. The interim management plan shall
be processed as an amendment to the reclamation plan and
shall not be considered a project for the purposes of
environmental review.
.020 Financial assurances of idle operations shall be
continued as addressed in the reclamation plan or as
otherwise approved through the idle mine's interim
management plan.
.030 Within sixty (60) days of receipt of the interim
management plan, or a longer period mutually agreed upon by
the Planning Department and the operator, the Planning
Commission shall review and approve, conditionally approve
or preliminarily deny the plan in accordance with this
Chapter. In the event of a preliminary denial, the operator
shall have thirty (30) days or a longer period mutually
agreed upon by the Planning Department and the operator to
submit a revised plan. The Planning Commission shall
approve, conditionally approve or deny the revised interim
management plan within sixty (60) days of receipt. If the
operator does not submit a revised interim management plan
by the required date, the Planning Commission's preliminary
action denying the interim management plan shall be
considered the Planning Commission's decision as of the date
the plan should have been submitted. The Planning
Commission's action shall be final, 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 this
Code. The decision of the City Council shall be deemed
final.
.040 The approved interim management plan may remain in
effect for a period not to exceed five (5) years.
.050 The Planning Commission may renew the interim
management plan for another period not to exceed five (5)
years if requested by the surface mining operator, or
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require the operator to commence reclamation in accordance
with the approved reclamation plan.
17.20.130 TIME LIMIT FOR COMMENCEMENT OF CONDITIONAL USE PERMITS
FOR SURFACE MINING OPERATIONS.
The time limit for commencing a surface mining
operation that is permitted pursuant to this Chapter shall be as
provided in Chapter 18.03 "Zoning Procedures - Amendments,
Conditional Use Permits and Variances."
17.20.140 VIOLATIONS AND PENALTIES.
If the Planning Director, based upon an annual
inspection or otherwise confirmed by an inspection of the mining
operation, determines that a surface mining operation is not in
compliance with this Chapter, the applicable conditional use
permit and/or the reclamation plan, the City shall follow the
procedures set forth in SMARA concerning violations and
penalties, as well as those provisions of Chapter 18.03 of this
Code for termination or modification of a conditional use permit
which are not preempted by SMARA
17.20.150 FEES.
The City shall establish such fees as it deems
necessary to cover the reasonable costs incurred in implementing
this Chapter and the state regulations, including but not limited
to, processing of applications, annual reports, inspections,
monitoring, enforcement and compliance.
17.20.160 EFFECTIVE AND OPERATIVE DATES.
This ordinance shall take effect thirty (30) days
following its adoption by the Anaheim City Council. This
ordinance shall become operative upon certification by the State
Mining and Geology Board."
SECTION 2. SEVERABILITY
The City Council for the City of Anaheim hereby
declares that should any section, paragraph, sentence or word of
this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it
would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
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SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions 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 new enactments.
SECTION 4. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provisions or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provisions of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 21st of September ,
1999.
ATTEST:
az!4-5� oczr"-C��
ITY CL RK OF THE CITY OF ANAHEIM
31867.2\SMANN
15
1--F-01
MAYOR OF THE CITY F ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5699 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 14th day of September 1999, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 21st day of September, 1999, by the
following vote of the members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5699
on the 21st day of September, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 21 st day of September, 1999.
C TY CLER OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5699 and was published once in the North County News on the
30th day of September, 1999.
CLEW OF THE CITY OF ANAHEIM
PROOF OF PUBLICATION
STATE OF CALIFORNIA, )
ss.
County of Orange, )
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of twenty
one years, and not a party to or interested in the
above entitled matter. I am the principal clerk of the
Anaheim Bulletin, a newspaper that has been
adjudged to be a newspaper of general circulation
by the Superior Court of the County of Orange,
State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County
of Orange, State of California; that the notice, of
which the annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
" I certify (or declare) under the penalty of perjury
under the laws of the State of California that the
foregoing is true and correct":
Date September 30 1999
Signature
Anaheim Bulletin
1771 S. Lewis St.
Anaheim, CA 92805
(714) 634-1567
This space is for the County Clerk's Filing Stamp
r)A ,(pv
Proof of Publication of
LEOA4 NOTICE
NOTICE OF ADOPTION Of ORDf E
ORDINANCE NO. 5699. At theiror moetl�1tQp
held September 21, 1999, tt1A`oheim Cr1Ny
council voted on adoption of this Ordinance
with the following result:
Ayes: Feldhaus, Kring, Tait, McCracken,
and Dater
Noes: None
Abstain: None
Absent: None
Thls ordkvonce Amends Chapter 17.20 of Title
17 of the Anaheim Municipal Code relating to
excavation and recovery of non -fuel minerrls
and reclamation of mined lands.
If you wish a full Copy of the
gee text of the above
Ordinoffice of the C#V
Clerkaof Anaheim, ge xall 765-5166, between 8:0000
a.m. and 5:00 p:m. Monday through Friday.
There Is no charge for the copy.
Published: Anaheim Bulletin
September 30, 1999 25-1302
9NU201500
PROOF OF PUBLICATION