Loading...
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: -1- "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 -2- 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: -3- "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. -5- 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