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HomeMy WebLinkAbout683ORDINANCE NO. 683 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMEND CHAPTERS 17.60 AND 17.63 OF THE IRWINDALE MUNICIPAL CODE ("IMC") TO: 1) ENSURE THAT THEY ARE IN ACCORDANCE WITH CURRENT SURFACE MINING AND RECLAMATION ACT ("SMARA") REGULATIONS; AND 2) INCLUDE CONDITIONS OF APPROVAL FOR MINING OPERATIONS THAT HAVE BEEN IMPOSED ON ALL MINING OPERATIONS IN THE CITY. WHEREAS, The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, the Applicant, has made a request to amend IMC Chapters 17.60 and 17.63 to: 1) ensure that they are in accordance with current Surface Mining and Reclamation Act ("SMARA") regulations; and 2) include conditions of approval for mining operations that have been imposed on all mining operations in the city; and WHEREAS, the City has adopted IMC Chapters 17.60 and 17.63 to regulate surface mining operations and their reclamation, which chapters the City anticipates will be refined and modified from time-to-time to incorporate changes to the Surface Mining and Reclamation Act ("SMARA") and the desires and goals of the City; and WHEREAS, in accordance with California law, the City of Irwindale ("City") is desirous of assuring that all surface mining operations within the City are consistent with the General Plan; and WHEREAS, the City is further desirous of adopting consistent requirements and standards for the review and approval of mining and reclamation operations within the City boundaries; and WHEREAS, the City, through this Ordinance, wishes to the City, through this resolution, wishes to amend IMC Chapters 17.60 and 17.63 to: 1) ensure that they are in accordance with current Surface Mining and Reclamation Act ("SMARA") regulations; and 2) include conditions of approval for mining operations that have been imposed on all mining operations in the city; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA") and the CEQA guidelines, it has been determined that the proposed amendment is exempt by general rule under Section 15061 (b)(3) of the CEQA Guidelines in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, that activity is not subject to CEQA; and Ordinance No. 683 Page 1 WHEREAS, the Planning Commission held a duly noticed public hearing on the 29 th of October, 2014 pursuant to notice given in the manner required by law, on the question of amending IMC Chapters 17.60 (Q Zone) and 17.63 (Surface Mining and Reclamation Plans) recommended the amendments to the City Council. WHEREAS, On November 12, 2014, the City Council conducted a duly noticed public hearing and a first reading of the Amendment, as required by law, to approve the subject Amendment which would amend IMC Chapters 17.60 (Q Zone) and 17.63 (Surface Mining and Reclamation Plans). WHEREAS, All legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 17.60 shall be amended in its entirety to read as follows: Ordinance No. 669 Page 2 Chapter 17.60 Q Quarry Overlay Zone 17.60.005 Intent. 17.60.010 Uses requiring a conditional use permit. 17.60.012 Uses requiring reclamation plan. 17.60.015 On-site management required. 17.60.020 Limitations on quarry uses. 17.60.030 Maintenance of site requirements and prohibited nuisance activity. 17.60.035 Site Management and Security Plan. 17.60.040 Access roads—Required surfacing. 17.60.050 Slopes and depth. 17.60.060 Drainage and erosion control. 17.60.065 Water quality. 17.60.080 Yards and alternate fencing requirements. 17.60.090 Rock crushing plants – Hours of operation. 17.60.100 Signs. 17.60.110 Flood control regulation. 17.60.120 Air pollution and dust control. 17.60.125 Hazardous materials. 17.60.130 Inspections. 17.60.134 Operator Monitoring 17.60.140 Rehabilitation of land. 17.60.150 Creation of reclamation fund. 17.60.160 Purpose and uses of reclamation fund. 17.60.170 Dissolution of and withdrawals of reclamation fund. 17.60.005 Intent. This section implements standards applicable to the use of property during such time as mining and reclamation are occurring at such property within the quarry zone. Upon completion of the mining and reclamation activities in accordance with the applicable reclamation plan, to the satisfaction of the city, the applicable zoning of the property will revert to the underlying zone. For the purposes of this chapter, the definitions provided in chapter 17.63 shall apply to this chapter. 17.60.010 Uses requiring a conditional use permit. (A) No person shall establish a use, or permit to be used, any portion of any real property which is classified in the Q overlay zone, or combinations thereof, without a conditional use permit authorizing the following uses, unless otherwise allowed by law: (1) Any use first permitted in the M-2 zone, subject to all the limitations and restrictions imposed by Chapter 17.56, except as expressly provided in this chapter; (2) Asphalt plants; (3) Batching plants; (4) Block, tile or specialty plants, using or processing crushed rock, sand, gravel, decomposed granite or similar material; Ordinance No. 683 Page 3 (5) Dumps, inert solid; (6) Quarries; (7) Accessory uses; provided such uses are established on the same lot or parcel of land, are incidental to, and do not substantially alter the character of any use permitted above, including, but not limited to, aggregate dryers, truck storage, equipment and supply storage, scales or weighing equipment and office and repair shop structures; (8) Any similar use not listed in this section but determined by the planning commission to require a conditional use permit. (B) In the event that there is a conflict with the use permit or Irwindale Municipal Code, the more stringent requirement or condition shall apply. Any authorization provided in an existing entitlement approved prior to December 31, 2014 shall apply over any inconsistent provision implemented pursuant to these ordinance updates made on November 12, 2014. 17.60.012 Uses requiring reclamation plan. No person shall conduct any surface mining or reclamation activities within the city, without securing approval of a reclamation plan from the city and State Office of Mine Reclamation (OMR) pursuant to Section 17.63.040. Grading involving less than 50 cubic yards of fill material shall be exempt from the requirement to secure a reclamation plan and shall require a grading permit only. 17.60.015 On -site management required. All plans required by any applicable use permit or the Irwindale Municipal Code shall identify the responsible on-site management employee and other persons who have the authority and responsibility to ensure that the intent and purpose of the plans are carried out. The identified employee(s) will be responsible for coordinating with the city manager's office a response to complaints or concerns expressed by persons affected by the operations on the subject site. The operator must provide a written update to the city of the identification of such responsible on-site management employees within forty-eight (48) hours of any change. 17.60.020 Limitations on quarry uses. (A) Every use enumerated in Section 17.60.010 shall be constructed, operated and maintained at all times in accordance with the regulations set forth in this code, or, if such use was approved before December 31, 2014, any provision of its existing entitlements that may be in conflict with the amendment provided in this ordinance made on November 12, 2014. (B) The operator shall fully cooperate with the city and any agency or entity with jurisdiction over either or both the subject site and uses approved thereon regarding the filing of any materials, execution of documents, instruments or similar items and all other acts, actions or undertaking deemed necessary by the city. The operator's full cooperation shall be at no cost to the city. (C) Any and all fees required to be paid to any public agency shall be paid prior to commencing any operations at the site, unless a later payment is expressly authorized. Ordinance No. 669 Page 4 17.60.030 Maintenance of site requirements and prohibited nuisance activity. (A) The operator shall maintain the site at all times free and clear of any accumulation of trash, debris, waste, hazardous substances, combustible and/ or flammable materials. This includes but is not limited to the installation of perimeter landscaping, such as berming, fencing or screening, and plant materials which is designed and maintained in such a manner so as to reduce the ability of trash, debris or other materials to exit the site. (B) The operator shall comply with all graffiti removal and noise standards in this code or use permit, whichever is more restrictive, subject to 17.60.010(B). (C) All equipment and premises utilized in conjunction with any of the uses permitted in this zone shall be consistent with the proper use of such equipment and premises use, and shall be employed so as to suppress, as much as reasonably possible, noise, fumes, vibration and dust, which are, or may be, injurious or detrimental to the use and enjoyment of property located in the immediate vicinity of such usage. This includes but is not limited to the following limitations and restrictions: (1) If mining or reclamation equipment will be operated at the edge of the site and said equipment is within five hundred (500) feet of residential property lines, the operator shall first construct and maintain a berm to separate surrounding residential areas from the noise and activity associated with mining and reclamation operations. (2) Construction equipment shall be equipped with manufacturer recommended mufflers or equivalent. (3) Construction equipment shall be turned off when not in operation. (4) Use of heavy equipment with low manufactured noise levels when necessary. (5) The dredge used at the site shall be electrically powered. (6) The operator shall comply with the noise and vibration management plan as incorporated into the Management and Security Plan required pursuant to section 17.60.35 below. (D) No waste disposal locations or tailing ponds are permitted to remain as tailing ponds upon the site after completion of mining and reclamation. (E) All equipment, structures, and other facilities associated with the mining operation will be dismantled and removed from the site upon completion of operations, unless part of the proposed end use. All refuse, abandoned equipment, and similar materials will likewise be removed for disposal in a manner permitted by law. (F) The operator shall comply with the landscaping or irrigation plans as required by section 17.60.080 and Section 5.712, Water Efficiency and Conservation of the California Green Building Standards Code or any applicable regulations pertaining to the maintenance of landscaping on the site. In the event there is plant material in an unhealthy, dead or dying condition, said material shall be replaced with similar material within the next winter to spring planting season in accordance with the approved landscape plans. (G) All outdoor lighting shall be installed, maintained and used so as to avoid any interference with, or nuisance to, as defined in this code, adjacent properties. Ordinance No. 683 Page 5 (H) The operator shall maintain the site in a manner that shall avoid any determination by the city that any condition on the site constitutes a nuisance pursuant to this code. (I) Notwithstanding any other provision of the zoning code relating to nonconforming uses, all property in the Q overlay zone shall conform to the provisions of this section immediately upon the effective date of the regulation imposed by this section. 17.60.035 Site Management and Security Plan. (A) Within sixty (60) days of the city's approval of the use permit, the operator shall prepare and submit a Site Management and Security Plan to the city manager. Said plan shall include, but not be limited to, the following: (1) Procedures by which the operator shall ensure that on-site noise generation conforms, at all times, to the standards set forth in this code; (2) Mitigation measures to minimize and/or avoid impacts identified by current acoustical studies and analysis of emergency situations where exceeding such noise and vibration standards may be required; (3) A description of the security measures, which ensures that the general public is excluded from the site and identifies a contact person(s) who is available on a twenty- four (24) hour basis to respond to emergencies and unlawful access to the site. (4) The operator shall include, as components of this plan, other requirements, studies or plans required by this chapter. (B) The city engineer or designee shall review and comment upon the Site Management and Security Plan submitted by the operator within thirty (30) calendar days thereafter; the operator shall have thirty (30) days to prepare a final plan that complies with such comments. (C) Contamination and Public Safety. The operator shall perform the following measures to reduce the risk of contamination, as well as provide for the protection of public safety: (1) Controlled Access. (a) Restrict site to authorized vehicles and equipment; (b) Monitor entrances continuously for unauthorized vehicles; and (c) Secure all gates with locks, except at entrances during business hours. (2) Security/Protection of Public Safety. Construct and maintain in good condition, appropriate berms, walls and/or fences of a minimum of 6 feet high around the site in accordance with this chapter. The construction of the security fencing will be in accordance with the fencing detail included in the approved reclamation plan, use permit, or other entitlement; and (a) Repair any damage to berms, walls and/ or fences within two (2) days of discovery or notice from the city. (3 ) Daily Patrolling. (a) Inspect security berms, walls and fences on a daily basis; (b) Inspect site and remove any deleterious/ hazardous materials in accordance with applicable law; and Ordinance No. 669 Page 6 (c) Maintain daily patrolling log. (D) Traffic and Circulation. As a component of the Site Management and Security Plan, the operator shall prepare a commercial traffic management plan or incorporate such plan prepared in connection with environmental review of the site. The plan shall include, but not be limited to, identification of truck routes, identification of permitted and prohibited times of day when commercial traffic will enter or exit the site, and the methods by which such standards will be enforced by the operator. Said plan shall comply with section 17.60.040 and include, but not limited to, the following: (1) Adequate sight distance as determined by the City Engineer at the project access roadways where they intersect with the public roadways. The minimum sight distance should be provided to meet the city and Caltrans requirements, as may be amended; and (2) Provide adequate onsite stacking and storage capacity as determined by the City Engineer for truck traffic. 17.60.040 Access roads--Required surfacing. (A) All private roads customarily utilized for hauling material or equipment shall be kept dust-free at all times and constantly maintained with surfacing as follows: (1) All portions of access roads (leading to and from public streets) set forth below shall be paved with asphalt, concrete, emulsion or other similar non-hazardous substance, or other surfacing that is effective at preventing dust and tracking of dirt and debris, not less than three (3) inches in thickness: (a) All locations which are within one hundred fifty (150) feet of any property line of a lot zoned C, R or A, except for such property which is owned by any governmental agency and is utilized for reclamation, flood control or conservation purposes; and (b) All portions within a distance of five hundred feet (500) from any public street providing ingress or egress. (2) All other private roads, including pit-haul roads, shall be sprinkled, oiled or hard-surfaced, and maintained so as to minimize dust. (B) Notwithstanding any other provision of the zoning code relating to nonconforming uses, all property in the Q overlay zone shall conform to the provisions of this section one year after the effective date of the regulation composed by this section, as amended. 17.60.050 Slopes and depth. No open pit quarry, or portion thereof, excavated after the effective date of the regulation imposed by this section, shall be maintained with any slope steeper than as provided under the Irwindale Guidelines. No slope shall be excavated or constructed, nor shall the depth of any open pit quarry or portion thereof, be altered in a manner inconsistent with the Technical Guidelines without prior approval of the city council pursuant to Chapter 17.63. Ordinance No. 683 Page 7 17.60.060 Drainage and erosion control. (A) The operator shall comply with the City of Irwindale Guidelines for Drainage and Erosion Control for Open-Pit Mines, as may be amended from time to time (Erosion Guidelines), including, but not limited to, the following: (1) Providing appropriate measures approved by the city engineer to prevent surface water from flowing over the rim of the pits to avoid overtopping-induced erosion. (2) Protecting pit slopes from incident-precipitation induced erosion. (3) Protect pit slopes that are exposed to groundwater lakes and wave-lap erosion. (4) Preparing detailed plans for the implementation of erosion and drainage measures, as stated in the Erosion Guidelines. Said plans shall be submitted to the city for review and approval by the city engineer within forty-five (45) days from adoption of the applicable use permit. (B) Notwithstanding any other provision of the zoning code relating to nonconforming uses, all property in the Q overlay zone, utilized in whole or in part for quarry or fill purposes, shall conform to the provisions of this section within ninety (90) days after the effective date of this chapter. 17.60.065 Water quality (A) The operator shall develop a Stormwater Pollution Prevention Program (SWPPP) in accordance with National Pollution Discharge Elimination System (NPDES) requirements, as may be amended from time to time, and submit it to the city for review and approval by the city engineer. At a minimum, the SWPPP will identify erosion minimization and control, Best Management Practices (BMPs) and pollution elimination/ minimization BMPs, as well as stormwater runoff water quality monitoring procedures. This should be done to ensure compliance with San Gabriel Watermaster requirements, and the RWQCB requirements. (B) The operator shall collect, on an annual basis, surface and groundwater samples from the site and collected from within the quarry. Said samples shall be tested annually in accordance with the Regional Water Quality Control Board (RWQCB) and the San Gabriel Basin Watermaster (Watermaster) requirements. Results shall be submitted to the city, the Watermaster and the RWQCB. (C) The operator shall implement measures to reduce the potential for hazardous substances in fill materials or to later reclaimed areas through compliance with all RWQCB Waste Discharge Requirements, as may be amended from time to time, and prohibit the use of the following: (1) hazardous, designated or liquid wastes; (2) toxic wastes (including, but not limited to, insecticides, poisons and radioactive materials); (3) asbestos or asbestos products; (4) asphalt products unless placed above the historic high water mark, as determined by the Regional Water Quality Control Board. Ordinance No. 669 Page 8 17.60.080 Yards and alternate fencing requirements. (A) Landscaping. (1) The operator shall submit a Landscape and Irrigation Plan prepared by a licensed landscape architect within ninety (90) days of the city's approval of a use permit under section 17.60.10. The approved irrigation system shall be at all times maintained in working order. Such plan shall be subject to the review and approval of the Director of Community Development. The plan shall show all existing landscaping to remain as well as proposed landscaping. The plans shall provide for the following: (a) Berm contours; (b) Storm drainage system; (c) Species, size and location of plant material; (d) Automatic irrigation system; (e) Dust control; (f) Drought-tolerant and low-water requirement vegetation; and (g) Compliance with the Irwindale Municipal Code; (2) The operator shall install the landscaping within one (1) year of the city's approval of the project. (B) Front Yards. Any lot in the Q overlay zone: (1) Which abuts a local street (as defined in the General Plan) or any property which is classified in an A, R, or C zone (except when such property is owned by any governmental agency and is utilized for reclamation, flood control or conservation purposes) shall have and maintain, as a front yard setback, an area of at least fifty (50) feet in depth, as measured from the property line to the top of the slope; (2) Which abuts a major arterial as defined in the General Plan shall have and maintain, as a front yard setback, an area of at least one hundred (100) feet in depth, as measured from the property line to the top of the slope; (3) The following accessory uses may, at the discretion of the owner or occupant, be located within the front yard setback, provided such uses are shown on the approved site plan, where applicable: (a) Passenger vehicle parking facilities; and/or (b) Access roads; and/or (c) Fencing; and/or (d) Signs, subject to the limitations set forth in Section 17.60.100; and/or (e) Landscaping maintained in compliance with any applicable codes or regulations and in compliance with any applicable landscaping and irrigation plan. (4) One of the following accessory uses may be located in such required front yard setback areas, subject to the provisions of the Erosion Guidelines and approval of the city engineer: (a) An earthen berm, not less than six (6) feet in height, which shall be continuously maintained with the landscaping established in accordance with city standards, and an adequate irrigation system and a six (6) foot high chain link fencing, as required by Section 17.60.070; or Ordinance No. 683 Page 9 (C) If compatible with surrounding public and private properties and the approval thereof is in the public interest, a six (6) foot high decorative block wall per the requirements of section 17.60.035 may be substituted for the required berm and the six (6) foot high chain link fencing; provided, that the face of the block wall is located at the property line, separating the lot from the parkway; and, the parkway shall be continuously maintained with landscaping established in accordance with city standards (see Appendix A attached to Ordinance 245, codified in this chapter and on file in the office of the city clerk, and incorporated herein by this reference), and with an adequate irrigation system, except for those portions of the parkway wherein curbs or gutters or sidewalks are located. (D) Side and Rear Yards. Any lot, which abuts any other property classified in zones A, R or C, or where the side lot line or rear lot line of such-lot abuts any street, shall have and maintain side and rear yard setbacks of not less than fifty (50) feet in depth, which shall conform to the provisions set forth in subsection B of this section. 17.60.090 Rock crushing plants--Hours of operation. (A) Rock crushing plants shall not be established or located on any property within the Q overlay zone, which is within seven hundred fifty (750) feet of any street or of a lot line of any property zoned for C, R or A purposes; provided, that said seven hundred fifty (750) foot limitation shall not apply to any rock crushing plants in existence on the effective date of this section or to any subsequent improvement to such rock crushing plants; provided such improvements are not constructed nearer to any such property than such rock crushing plants are located as of the effective date of the ordinance codified in this chapter, except as expressly authorized by the applicable use permit. (B) Such plants shall only be allowed to operate between the hours of six a.m. (6:00 a.m.) to ten p.m. (10:00 p.m.), Monday through Saturday, except in cases of public emergency, or whenever any reasonable or necessary equipment repairs are required to be made, or as allowed by use permit. (C) Notwithstanding any other section of the zoning code, all uses in this zone shall conform to the provisions of this section immediately. 17.60.100 Signs. All signs located on any property in the Q overlay zone shall comply with the provisions of this zoning code. 17.60.110 Flood control regulation. All quarry uses conducted in the area described in Ordinance 4042 of the county shall operate only under permit from the county flood control district, in accordance with SMARA, in addition to the regulations set forth in this code. 17.60.120 Air pollution and dust control. (A) In addition to the following, all operations shall be conducted in compliance with the requirements of the South Coast Air Quality Management District (SCAQMD) and the conditions imposed in the use permit. (B) The operator shall implement the following mitigation measures: Ordinance No. 669 Page 10 (1) Heavy-duty diesel trucks and other mobile equipment shall be properly tuned and maintained to manufacturer's specifications to ensure minimum emissions under normal operations. (2) Vehicles hauling dirt or fill shall be covered at all times when travelling through the city as well as comply with California Highway Patrol (CHP) requirements and all applicable rules and regulations, as may be amended from time to time. (C) The operator shall submit a Dust Control Plan which shall include the following or similar measures that will be implemented by operator to reduce dust emissions: (1) Apply water or chemical dust suppressants to unstabilized disturbed areas and/ or unpaved roadways in sufficient quantity and frequency to maintain a stabilized surface; a minimum of three (3) times per day on days with no precipitation. (2) Water or water-based chemical additives shall be used in such quantities to control dust on areas with extensive traffic including unpaved surfaces. (3) Low speed limits on unpaved roads of ten miles per hour (10 mph) shall be established unless otherwise required by applicable use permit. Speed limit signs shall be posted in a manner to provide full and sufficient notice to drivers of the maximum allowable speed. (4) Water storage piles. (5) Use of spray wash racks to wash trucks prior to leaving the site. (6) Construct wind fencing (berms, shrubbery, constructed walls, etc.) in a manner to minimize dust emissions originating from the site. The locations of all wind fencing shall be documented and mapped. (7) When winds exceed twenty-five miles per hour (25 mph), operator shall require additional watering or cessation of operations. (8) Operator shall use vacuum sweepers or water trucks to maintain entrance and exit areas in order to prevent debris or other material from being tracked out onto the public right of way or adjacent property. (9) Operator shall revegetate inactive disturbed areas at the site in accordance with this code and the Landscape and Irrigation Plan as required by section 17.60.080. (10) Improve dust controls on transfer points. (11) Monitor and control dust from storage piles. (12) Operate a wash rack for trucks in order to wet material before leaving the site. (13) Operate a wheel washer to remove soil from vehicle tires as needed. (14) Dust shall be controlled pursuant to the requirements of the South Coast Air Quality Management District (SCAQMD) Rule 403, as may be amended from time to time, unless another standard expressly applies under the use permit, or reclamation plan. (D) The operator shall apply for and maintain permits from the South Coast Air Quality Management District (SCAQMD). 17.60.125 Hazardous materials. (A) Except when in accordance with applicable law, the operator shall maintain the site at all times free and clear of, and shall not discharge or otherwise release, any hazardous Ordinance No. 683 Page 11 substances, hazardous wastes and/or hazardous materials as such terms are defined in their broadest form under any applicable federal, state or local law or regulation, and any other kind of soil, air, or water contamination and combustible and/or flammable materials (collectively "hazardous materials"). (B) At the termination of mining and/or reclamation operations, areas in which hazardous materials may be present shall be identified and mitigated in a manner consistent with applicable laws. The operator shall prepare a mitigation plan, subject to the approval of the city engineer to accomplish such mitigation. This mitigation may involve the removal and disposal or treatment of areas of contaminated sand and gravel. If infiltration or evaporation proves insufficient, the operator shall devise and submit a drainage program that shall be subject to city engineer approval, using standards of approval within his/her authority and any governmental entity with jurisdiction over the site or operation. 17.60.130 Inspections. The operator agrees to allow city inspectors and its designees to reasonably inspect the site during normal working hours or at any time operations are occurring on the site to assure compliance with applicable law, use permit, and/or reclamation plan, as may be amended from time to time after providing at least 48 hours notice to the operator. Said inspection shall be conducted in compliance with the Mine Safety Health Administration Regulations. In cases of emergencies, the city shall have the right to inspect the site, provided the city gives prior notice to the operator as may be reasonably possible. 17.60.134 Operator Monitoring. (A) The operator shall monitor mine depth, slopes, drainage and erosion conditions and setback distances on an annual basis. The operator shall notify the city of any condition found to be out of compliance with applicable law, use permit, and/or reclamation plan requirements. Any condition found to be out of compliance shall be corrected by the operator within sixty (60) days of discovery of said condition or within sixty (60) days of a city issued notice, or within the time period as otherwise agreed to by the city. (B) As an ongoing monitoring effort, the operator shall retain a qualified geotechnical engineering consultant to evaluate all the slopes that are identified by the city engineer for geotechnical hazards and/or unstable soil and take all necessary corrective actions. This evaluation shall follow the City of Irwindale's Guidelines for Stability Analysis of Open-Pit Mine Slopes, as may be amended. The geotechnical engineering consultant shall prepare a report that includes recommendations for stabilizing the locations considered to be hazardous. This report shall be submitted to the city for review, comment, and approval before implementation. (C) At the operator's cost, annually, the city may conduct a bathymetric survey of the pit to determine the existing slope ratios and mined depths at the site. Such survey shall be conducted by a qualified and licensed land surveyor selected by the city engineer. Within 90 days of the city providing a copy of the completed bathymetric survey to the operator, the operator shall correct any condition found to out of compliance with applicable law, use permit, and/or reclamation plan requirements. Said correction shall be implemented in the manner and within the time limits approved by the city engineer. Ordinance No. 669 Page 12 17.60.140 Rehabilitation of land. An existing quarry, dump or other uses involving excavation of land at the time this chapter was first codified were required to file with the city, by July 8, 1971, in form and content satisfactory to the city council, a plan for rehabilitation of such land to restore the same to a status of natural topography (or substantially so) upon completion of the operations. All new uses involving excavation commenced after the date of the ordinance codified in this chapter shall file and have such plan approved prior to commencing such use. 17.60.150 Creation of reclamation fund. (A) There is authorized a reclamation fund derived from existing revenue collected under the special mining tax pursuant to Chapter 3.18 of this code. The reclamation fund will be a separate account established for the purposes authorized in this chapter, administered by the director of finance as a special fund of the city and invested in the manner authorized by the city council. The city will make a one-time nine hundred eighty-five thousand seven hundred fifteen dollar ($985,715) initial deposit into the reclamation fund and thereafter three hundred twenty-eight thousand five hundred seventy-two dollar ($328,572) deposit per year until such time as the aggregate amount of the reclamation fund, including interest and amounts deposited, equals an amount determined to be the reclamation cap (the "reclamation cap"), as defined in this section. Thereafter, the city shall not make future deposits in the reclamation fund. Interest on any monies in the reclamation fund shall accrue to the benefit of the reclamation fund and will be utilized towards reducing required contributions by the city (since interest earnings reduce the required contributions to reach the reclamation fund cap). The city may withdraw and place in its general fund any amounts exceeding the reclamation fund cap. (B) The reclamation fund is envisioned to be utilized to assist in the reclamation of the mined quarries of the city's principal operators, currently owned by United Rock Products Corporation ("United"), Hanson Aggregates West, Inc. ("Hanson"), and CalMat Co. doing business as Vulcan Materials Company -- Western Division ("Vulcan"). To participate, such operators must enter into an operating rights transfer agreement as provided in subsection 17.60.160(B) of this chapter. The reclamation fund cap shall be determined based on which operators participate, and shall be as follows (or the cumulative amount of the following where more than one operator enters into the operating rights transfer agreement): (1) United: $8,000,000; (2) Hanson: $3,500,000; (3) Vulcan: $7,000,000. (C) The reclamation fund shall be allocated for use in supplementing reclamation of the participating quarries as authorized under this chapter in a manner that is proportional to the financial assurances posted with the city by each participating quarry (i.e., if only one operator participates, the allocation is one hundred percent; if two, for example United and Hanson, then the allocation is approximately 70/30 [8/11.5 = .70). Such allocation shall be computed and monitored by the director of finance. (D) Nothing in this Chapter shall prevent the City from utilizing the authority under Public Resources Code Section 2773.1 or SMARA Regulations Section 3806.1 and 3806.2 to Ordinance No. 683 Page 13 establish financial assurances to establish appropriate financial assurances for operations or mining sites owned or operated by the City or its related agencies. Such financial assurances may be established by city in its sole discretion and separate from the requirements or procedures under this section 17.60.150 or section 17.60.160. 17.60.160 Purpose and uses of reclamation fund. (A) The purpose of the reclamation fund is to provide a pledge of revenue to satisfy the requirements of SMARA, at Public Resources Code Section 2773.1. The reclamation fund is intended to provide resources to potential developers of the participating quarries so that they may be converted to beneficial, alternate end uses. To this end, the reclamation fund shall provide a means of supplementing financial assurances required by SMARA and posted by those mining operators in the city that wish to participate in the reclamation of their quarries to standards required by the city. (B) In accordance with SMARA Regulations Sections 3806.1 and 3806.2, the reclamation fund may be expended by the city, its designee or where required under SMARA, the department of conservation, to reclaim to beneficial, alternate uses those participating quarries where an assignment of SMARA operating rights in a form approved by the city and the department of conservation ("operating rights transfer agreement") has been approved and entered into. (C) City shall have sole control of the use, investment and management of the reclamation fund, subject only to the limitations in this chapter. (D) The city may implement the provisions of this chapter by the formation of a joint powers authority authorized to accept operating rights as to private quarry operations, to contribute to the provision of financial assurances for reclamation, and to act to remedy defaults in the performance of reclamation, all in accordance with SMARA and the Irwindale Municipal Code. 17.60.170 Dissolution of and withdrawals from reclamation fund. (A) The city may dissolve and/or return moneys in the reclamation fund to the city's mining fund upon the occurrence of any of the following: (1) The determination by any court or governmental agency of competent jurisdiction that the special mining tax under Chapter 3.18 of this code is invalid. (2) The determination by any court or governmental agency of competent jurisdiction that the JPA created hereunder, reclamation fund or its use is contrary to law. (3) The voluntary or involuntary termination by any quarry operator of its participation in its assignment of SMARA operating rights, as described in this chapter, as to amounts attributable to that operator's quarry(ies). (4) As each participating quarry is reclaimed, the balance in the reclamation fund shall be reduced in an amount of such participating reclaimed quarry to the total financial assurances for all participating quarries, as determined by the director of finance. Any such amounts withdrawn from the reclamation fund shall be returned to the city's mining fund. (5) Monies remaining in the reclamation fund after reclamation of all quarries is completed shall be returned to the city's mining fund, so long as such fund exists, and thereafter to the city's general fund. Ordinance No. 669 Page 14 (6) Should any portion of the reclamation fund be used to correct a default of any quarry, the quarry operator shall pledge all future filling revenues to the city for deposit into the reclamation fund until such time as the deficit to the reclamation fund caused by such expenditure is cured. Unless used to cure any further default of the quarry operator, any amounts so deposited into the reclamation fund, plus any accrued interest, shall be returned to the quarry operator at termination of reclamation in accordance with the reclamation fund. (B) Upon dissolution of the reclamation fund, the city shall notify the participating quarries and department of conservation within sixty days of such dissolution. SECTION 3. Chapter 17.63 shall be amended in its entirety to read as follows: Chapter 17.63 SURFACE MINING AND RECLAMATION PLANS 17.63.010 Purpose and intent. 17.63.020 Definitions. 17.63.030 Compliance with SMARA. 17.63.040 Scope. 17.63.050 Vested rights. 17.63.060 Application and process. 17.63.070 Standards for reclamation. 17.63.080 Statement of responsibility. 17.63.090 Findings for approval. 17.63.100 Financial assurances. 17.63.110 Interim management plans. 17.63.120 Annual report requirements. 17.63.130 Inspections. 17.63.140 Violations-Penalties. 17.63.150 Appeals. 17.63.160 Fees. 17.63.170 Mineral resource protection. 17.63.010 Purpose and Intent. (A) The city council recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society. The city council also recognizes 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, and that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different, causing reclamation operations and reclamation specifications to vary accordingly. (B) The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") for surface mining and reclamation Ordinance No. 683 Page 15 practices (California Code of Regulations [CCR] Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure that: (1) Adverse environmental effects are prevented or minimized and mined lands are reclaimed to a usable condition and are readily adaptable for alternative land uses. (2) The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed wildlife, range and forage, aesthetics and enjoyment. (3) Residual hazards to the public health and safety are eliminated. 17.63.020 Definitions. For purposes of this chapter, the following words and terms shall have the following meanings: (A) "Area of regional significance" means an area designated by the State Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance. (B) "Area of statewide significance" means an area designated by the State Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance. (C) "Backfilling Guidelines" means the Guidelines for Underwater Backfilling of Open-Pit Mines (2005) and the Guidelines for Above-Water Backfilling of Open-Pit Mines (2005), duly adopted and utilized by the City, as may be amended from time to time. (D) "Borrow pits" means excavations created by the surface mining of rock unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere. (E) "Compatible land uses" means land uses inherently compatible with mining and/or that require a minimal amount of public or private investment in structures and land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include but are not limited to, very low density residential, geographically extensive but low-impact industrial, recreational, agricultural silvicultural, grazing and open space. (F) "CEQA" or "California Environmental Quality Act" means the California Environmental Quality Act of 1970, as amended, at Public Resources Code, Section 2100 et. seq., related CEQA Guidelines in the California Code of Regulations, Title 14, Section 1500 et seq. (G) "Erosion Guidelines" means the Guidelines for Drainage and Erosion Control for Open-Pit Mines (2004) duly adopted and utilized by the City, as may be amended from time to time. (H) "Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, Ordinance No. 669 Page 16 drilling, or any surface or underground work needed to determine the type, extent or quantity of materials present. (I) "Haul road" means a road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation. (J) "Inert Fill" means the placement following mining of engineered inert materials, comprising of fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may be mixed with rock and soil. Those materials are spread on land in lifts and compacted under controlled conditions per the Technical Guidelines to achieve a uniform and dense mass which is capable of supporting structural loading, as necessary, or supporting other uses to provide land that is appropriate for an end use consistent with the approved general and any specific plans (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use(s) of the land. The engineered fill shall be constructed and compacted in accordance with this Code and the Technical Guidelines and in accordance with specifications prepared and certified at least annually by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California and maintained in the operating record of the operation. The operator shall also certify under penalty of perjury, at least annually, that only approved inert debris has been placed as engineered fill, and specifying the amount of inert debris placed as fill. These determinations may be made by reviewing the records of an operation or by on-site inspection. Certification documents shall be maintained in the operating records of the operation and shall be made available to the City. [Source: California Regulations, Title 14, section 17388 (I)] (K) "Idle" means that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved. (L) "Incompatible land uses" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but are not limited to,—public facilities, geographically limited but impact intensive industrial and commercial. (M) "Technical Guidelines" means all guidelines duly adopted and utilized by the city including the Guidelines for Stability Analyses of Open-Pit Mine Slopes (2003), the Guidelines for Drainage and Erosion Control for Open-Pit Mines (2004), the Guidelines for Underwater Backfilling of Open-Pit Mines (2005) and the Guidelines for Above-Water Backfilling of Open-Pit Mines (2005), as each may be amended from time to time to address any updates required by State law. (N) "Mined lands" means the surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located. Ordinance No. 683 Page 17 (0) "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. (P) "Mining waste" means the residual of any soil, rocky mineral liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from or displaced by surface mining operations, and any other liquid or solid waste that may result from surface mining operations. (Q) "OMR" or "State" shall mean the California Department of Conservation, Office of Mine Reclamation, including its duly authorized successors and assigns. (R) "Operator" means any person who is engaged in surface mining or reclamation operations, or who contracts with others to conduct operations on such party's behalf, including persons with ownership interest in the property being mined or reclaimed, except a person who is engaged in surface mining or reclamation operations as an employee with wages as his/her sole compensation. (S) "Overburden" means soil, rock or other materials that lie above a natural material deposit or in between deposits, before or after their removal by surface mining operations. (T) "Permit" means any formal authorization from or approval by the city, and shall include, but not be limited to, grading permits and use permits, as defined below, the absence of which would preclude surface mining operations, unless otherwise allowed by law. (U) "Person" means any individual, firm association corporation, organization or partnership, and any governmental agency. (V) "Public Resources Code" or "PRC" means the California Public Resources Code. (W) "Reclamation" means the combined process of land treatment that maximizes post-mining land uses compatible with zoning and the general plan, and that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed as rapidly as is reasonably feasible to a usable condition which is readily adaptable for alternate 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, resoiling, revegetation, soil compaction stabilization or other measures. (X) "Reclamation Plan" shall have the meaning per SMARA, as described in Public Resources Code section 2770 and the 14 CCR section 3502. (Y) "Slope Stability Guidelines" means Guidelines for Stability Analyses of Open-Pit Mine Slopes (2003), duly adopted and utilized by the City, as may be amended from time to time. (Z) "SMARA" means the Surface Mining and Reclamation Act of 1975, and all amendments thereto, as set forth in Public Resources Code Sections 2710 et seq., and all regulations thereunder (14 CCR Section 3500 et seq.). (AA) "State Board" means the California State Mining and Geology Board, including its duly authorized successors and assigns. Ordinance No. 669 Page 18 (BB) "Stream bed skimming" means the excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher. (CC) "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 the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, exploration or prospecting, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (DD) "Use permit" means the formal authorization from or approval by the city, and shall include a conditional use permit and/or development agreement, pursuant to Government Code Section 65864 et seq, the absence of which would preclude surface mining operations, unless otherwise allowed by law. 17.63.030 Compliance with SMARA. All operators and persons conducting or seeking to conduct surface mining operations or reclamation shall comply with the provisions of SMARA, such statutes and regulations may be amended from time to time, except that when the provisions of this code are more restrictive, this chapter shall prevail. Copies of SMARA are on file in the city clerk's office for public review. 17.63.40 Scope. (1) Any authorization provided in an existing entitlement approved prior to December 31, 2014 shall apply over any inconsistent provision implemented pursuant to the updates of this ordinance made on November 12, 2014. (2) Except as provided in this chapter, no person shall conduct surface mining operations unless all use permits, a reclamation plan, and all financial assurances for reclamation, have first been approved by the city. Any applicable exemption from this requirement, including, but not limited to, any reclamation operations exempt from the requirement to secure a reclamation plan under Section 17.63.050, does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the city, including but not limited to, the application of CEQA, the requirements of other required approvals or permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under any federal, state or local law. The provisions of this chapter shall apply to all lands within the city, public and private. This chapter shall not apply to the following exempt activities: (A) Excavation or grading conducted for onsite construction comprising 50 cubic yards or less; (B) Excavation or grading conducted for the purpose of restoring land following a flood or natural disaster; (C) Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for the construction of structures, landscaping or other land improvements, including all related Ordinance No. 683 Page 19 excavation, grading, compaction or the creation of fills, road cuts and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions: (1) All required permits for the construction, landscaping, or related land improvements have been approved by the appropriate public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, CEQA, (2) The city's approval of the construction project including consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA, (3) The approved construction project is consistent with the general plan and applicable zoning for the site, (4) Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended or are no longer being actively pursued; (D) Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools or other materials and including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions: (1) The plant site is located on lands zoned as—Q overlay zone, industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the city, (2) None of the minerals being processed are being extracted onsite, and (3) All reclamation work has been completed pursuant to an approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976; (E) Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in anyone location of 1 acre or less; (F) Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose; (G) Any other surface mining or reclamation operations that the State Board determines to be of an infrequent nature and which involve only minor surface disturbances; (H) The solar evaporation of sea water or bay water for the production of salt and related minerals; (I) Emergency excavations or grading conducted by the California Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies; Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only applicable if slope stability and erosion are controlled in accordance with Slope Stability Guidelines and SMARA and upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the Department of Forestry and Fire Protection. This exemption does not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse (as defined under state law) or 75 feet of a Class Two watercourse (as defined Ordinance No. 669 Page 20 under state law), or to excavations for materials that are, or have been, sold for commercial purposes. 17.63.050 Vested rights. No person who obtained a vested right to conduct surface mining operations at a particular site prior to January 1, 1976, shall be required to secure a permit to conduct such operations at such facility, as long as the vested right continues and as long as no substantial changes have been made in the operation, except those changes made and approved in accordance with SMARA, and this code. Where a person with vested rights continues surface mining operations in the same area subsequent to January 1, 1976, such person shall obtain city approval of a reclamation plan and financial assurances covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (either horizontally and/or vertically) between pre- and post-SMARA mining, the reclamation plan shall provide for reclamation proportional to that disturbance caused by the mining after the effective date of SMARA (January 1, 1976). All other requirements of state law and this chapter shall apply to vested surface mining operations. 17.63.060 Application and process. Applications for a use permit or a reclamation plan for surface mining operations shall be made on forms provided by the community development department. Such applications shall be filed in accordance with this code and all procedures established by the city community development director. The application for a use permit shall include the following: (1) Computation of financial assurances to accurately assess all reclamation costs over a reasonable period of time, per SMARA section 2773.1 and section 17.63.100 herein; (2) Legal information, including land and mineral rights ownership, intended operator, and a formal, legal description of the property boundaries; (3) Site characterization, including all details of existing environmental conditions, location (relative to political boundaries), and site access and roadways to be used to access local and regional transportation corridors; (4) Operation plan, including details of the material to be processed annually, methods and equipment to be used (including all on-site structures), ultimate mining depth sought in the application, not to exceed the maximum authorized depth, as determined by the city engineer, based on a mine slope profile derived from cross sections of the slopes that comport to the Irwindale Guidelines. The mine slope profile shall establish the maximum allowable mining area in the Site. The operation plan shall also include a detailed description of waste generation, water use and potential impacts on water quality. The operation plan shall be in accordance with all Technical Guidelines, as each may be amended from time to time to address any updates required by State law, provide they do not exceed the requirements of any approved entitlements and SMARA; (B) The forms for reclamation plan applications shall require, at a minimum, each of the elements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, as determined by the city community development director. The reclamation plan application shall be submitted in conjunction with the application for a use permit for Ordinance No. 683 Page 21 surface mining operations. For any reclamation plan application that is not submitted simultaneously with an application for a use permit, or for any proposed amendment to a reclamation plan, the reclamation plan application shall include all information concerning the mining operation required for the processing of the reclamation plan. All documentation for the reclamation plan shall be submitted to the city at one time. (C) Applications for a use permit and a reclamation plan shall include all required environmental review forms and information prescribed by the city community development director. (D) Upon completion of the environmental review and filing of all documents required by the city community development director, consideration of any use permit or reclamation plan for the proposed or existing surface mine operation shall be completed pursuant to this code at a public hearing before the planning commission, or before the city council for mining below 150 feet below ground surface, and pursuant to Section 2774 of the Public Resources Code. (E) Within 30 days of acceptance of an application of a use permit for surface mining operations and/or a reclamation plan, as complete, the community development department shall notify the OMR of the filing of the application(s). Whenever surface mining operations are proposed in the one hundred-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the community development department shall also notify the State Department of Transportation that the application has been received. (F) The community development department shall process the application(s) and conduct any necessary environmental review pursuant to CEQA and any city environmental review guidelines. (G) Subsequent to completion of all appropriate environmental review, the community development department shall prepare a staff report with recommendations for consideration by the planning commission or city council. (H) The planning commission or city council shall hold at least one noticed public hearing on the use permit and/or the reclamation plan. (I) Prior to final approval of a reclamation plan, or any financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission or city council, where applicable, shall certify to the OMR that the reclamation plan and/or the financial assurances comply with the applicable requirements of state law and shall submit the reclamation plan, any financial assurances or any amendments thereto, to the OMR for review. The planning commission or city council may conceptually approve the reclamation plan and financial assurances before submittal to the OMR. If a use permit is being processed concurrently with the reclamation plan, the planning commission or city council may simultaneously also conceptually approve the use permit. However, the planning commission or city council may defer action on the use permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with any permit processing deadlines, the planning commission or city council may conditionally approve the use permit with the condition that the community development department shall not issue the use permit for the surface mining operation until cost estimates for financial Ordinance No. 669 Page 22 assurances have been reviewed by the OMR, and final action has been taken on the reclamation plan and financial assurances. (J) Public Resources Code Section 2774(d), OMR shall be given 30 days to review and comment on the reclamation plan and forty-five days to review and comment on the financial assurances. The planning commission or city council shall evaluate written comments received, if any, from OMR during the comment periods. City staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's or city council's approval. In particular, when the planning commission's or city council's position varies from the recommendations and objections raised in the state'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 or city council shall be promptly forwarded to the applicant and/or operator. (K) The planning commission or city council shall then take action to approve, conditionally approve or deny the use permit and/or reclamation plan, and to approve the financial assurances pursuant to Public Resources Code Section 2770(d). (L) The community development department shall forward a copy of each approved use permit for surface mining operations and/or approved reclamation plan, and a copy of the approved financial assurances, to the OMR. By July 1st of each year, the community development department shall submit to OMR for each active or idle mining operation, a copy of the use permit and/or reclamation plan amendments, whatever is applicable, or a statement that there have been no changes from the previous year. 17.63.070 Standards for reclamation. (A) All reclamation plans shall comply with the specific requirements of SMARA (PRC Section 2772 and Section 2773) and applicable state regulations (14 CCR Section 3500-3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with all reclamation performance standards and requirements under the state regulations (14 CCR Section 3700-3713). (B) The city may impose additional performance standards as developed either in reviewing individual projects, as warranted, or through the formulation and adoption of city performance standards. (C) Before commencement of the filling operations, the operator shall secure all necessary permits from the applicable governmental agencies having jurisdiction over fill operations. The permitting procedures imposed by such agencies may require additional environmental assessment, the cost of which shall be borne by the operator. (D) Reclamation activities 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 that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or upon completion of all excavation, removal or fill, as approved by the city. Ordinance No. 683 Page 23 (E) In addition to the requirements under SMARA, reclamation plans shall include the following: (1) Each phase of reclamation shall be specifically described in the reclamation plan and shall include the beginning and expected end dates for each phase; (2) All reclamation activities required including but not limited to: (a) slopes and slope treatments; (b) plans for backfill, including engineered fill specifications; (c) residual features such as ponds, reservoirs and tailings; (d) revegetation plan including species, mix, and density; (3 ) criteria for measuring completion of specific reclamation activities; (4) estimated costs for completion of each phase of reclamation; (5 ) agent(s) responsible for reclamation implementation; (6) specific end uses following reclamation; and (7 ) the timing and scope of periodic review consistent with the Irwindale Municipal Code or other regulation. (F) Revegetation. All reclamation plans shall be in compliance with section 3705 of SMARA for slope revegetation and shall be subject to the following requirements: (1) Available research addressing revegetation methods and the selection of species having good survival characteristics, for topography, resoiling characteristics, and climate of the site area shall be documented in the revegetation section of the reclamation plan. (2) Should any plant material become unhealthy or die, the operator shall replace same with equivalent materials within the next winter to spring planting season. (3) Success of revegetation will be judged by comparing the quantified measures of vegetative cover, density, and species-richness of the reclaimed mined-lands to similar parameters of naturally occurring vegetation in the area. Successful revegetation will be deemed complete when plant cover has been established over 75% of the site for 3 consecutive years. (G) Final slopes. The construction of all final slopes will be in accordance with the Technical Guidelines. All perimeter slopes will have adequate erosion control measures designed in accordance with the Technical Guidelines. (H) Fill operations. All fill operations shall be governed by the following: (1) All areas of fill or backfill operations in the quarry during mining and reclamation shall be compacted in accordance with the Los Angeles County Building Code or other methods approved by the city engineer. (2) Areas of fill operations in the site during mining and reclamation shall meet criteria stated in the Irwindale Guidelines ("Backfill Specifications"). Acceptable materials in accordance with the Backfill Specifications shall consist only of materials that are certified inert and free of Hazardous Materials or other contamination (consisting of aggregate mining wastes not considered useable product, including fine sand, silt, and clay, or non-durable rock material), clean construction debris (including broken asphalt above the historic high water level and concrete at any level) or other Class U (inert) waste, soil removed from sedimentation, flood control, or debris reservoirs, exported soil from grading operations in the Ordinance No. 669 Page 24 Los Angeles area, or similar acceptable inert materials as permitted by applicable Federal, State, and Local regulations, as may be amended from time to time ("Approved Fill"). (3) The operator shall retain a geotechnical engineer to prepare a Backfill Specification plan in accordance with the Backfill Specifications and submit it to the city engineer for review and approval prior to the commencement of the filling operations. The Backfill Specification plan shall include but not be limited to the following: (a) Total excavation and fill volumes; (b) Rate of excavation and fill; (c) Total depth of excavation; (d) Finished elevation after reclamation; and (e) Defined end use with related fill and compaction requirements that would be required to return the property to a condition suitable for the proposed end use. (4) Quarterly results of fill operations and compaction results shall be submitted to the city engineer on a form approved by the city engineer. (5) The operator shall test each load of fill material for compliance with the Backfill Specifications. All fill material and fill placement shall be subject to the approval of the city engineer. (6) Ongoing fill and compaction operations will be annually certified by a geotechnical engineer retained by operator. The annual certification of fill placement report will be submitted to the city for review and approval. (7) City shall have the right, after providing at least 48 hours notice to operator, to independently inspect and monitor the (i) fill loads for the presence of any Hazardous Materials and (ii) to ascertain whether fill has been placed and compacted as required by the applicable use permit, using a consultant retained by the city. The reasonable costs for such tests shall be paid by the operator if performed no more than quarterly; however, should any test find a violation of the applicable use permit, city shall have the right to conduct additional tests as necessary to ensure compliance with these conditions and the reasonable costs for such additional tests paid by operator. Should the fill material be found unacceptable, the operator shall correct, to the satisfaction of the city engineer, any materials improperly accepted or placed at the site. (8) No permanent waste disposal locations or tailings ponds are permitted. (I) The reclamation plan shall be reviewed every year by the city. The city's review shall be undertaken in accordance with SMARA, and the Irwindale Municipal Code, as may be amended from time to time. Upon its review, the city may require certain revisions of the Reclamation Plan if it finds such revisions are necessary pursuant to Regulation Section 3502 (D) as amended. Amendments. Substantial deviations from an approved reclamation plan shall require city approval in the same manner as set forth under section 17.63.060. Any reclamation plan amendment shall be submitted to the Director of the Department of Conservation for review, consistent with PRC Section 2774(c), as may be amended from time to time. (K) Emergency Plan. Within 30 days of the approval of the reclamation plan, an emergency plan must be prepared as an attachment to the reclamation plan. Approval of the emergency plan shall follow the same process for preparation and approval of the Site Ordinance No. 683 Page 25 Management and Security Plan at section 17.60.035. Required remedial actions should be established in the Emergency Plan, which will minimize the time period between the discovery of the contamination and the completion of remediation. If, at any time, contamination is found to be at or above established action levels, the city shall be immediately notified and the operator shall be required to take (and pay for) all necessary remedial actions. (L) Termination of reclamation. All equipment, structures, and other facilities associated with the mining operations will be dismantled and completely removed from the Site upon termination of mining, unless that equipment, structures and other facilities are allowed under the approved use permit. Thereafter, and in accordance with any additional requirements in the approved reclamation plan, upon termination of reclamation, all equipment, structures and other facilities associated with the reclamation operations will be dismantled and completely removed from the site. All refuse, abandoned equipment, and similar materials will likewise be removed for disposal in a manner permitted by law. Inert materials may be incorporated into any grading or fill required to complete reclamation. This will be done in a manner compatible with applicable law, and in accordance with the reclamation plan. 17.63.080 Statement of responsibility. The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Such statements shall be kept by the community development department. At or prior to the sale or transfer of the surface mining operation, any new operator shall submit a signed statement of responsibility to the community development department accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. 17.63.090 Findings for approval. (A) Use Permit Approvals. In addition to any other findings required by this code, use permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and the state regulations thereunder. (B) Reclamation Plans. No reclamation plan is to be approved unless the following findings have been made: (1) The reclamation plan complies with SMARA; (2) The reclamation plan and potential uses of reclaimed land pursuant to the plan are consistent with this code, the city's general plan, all applicable Irwindale Guidelines and any applicable resource plan or element. (3) The reclamation plan has been reviewed pursuant to CEQA and the city's environmental review, and all significant adverse impacts from reclamation of the surface mining operations will be mitigated to the maximum extent feasible. (4) The land and/or other resources such as water bodies to be reclaimed, will be restored to a condition that is compatible with the surrounding natural environment, topography and other resources. (5) The reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan. Ordinance No. 669 Page 26 (6) A statement obligating the operator to utilize all inert mine waste materials for the fill operations, or divert such materials to other sites in the city, or provide an explanation as to why such diversion is not feasible. (7) A written response to OMR has been prepared, describing the disposition of major issues raised by that Department in accordance with Irwindale Municipal Code section 17.63.060(K). 17.63.100 Financial assurances. (A) To ensure reclamation proceeds in accordance with the approved reclamation plan, all reclamation plans shall include a provision providing for financial assurances with security that will not be released until the city has provided written approval of satisfactory completion of the reclamation plan. The applicant may provide security in the form of a surety bond, trust fund irrevocable letter of credit from an accredited financial institution or other method of security acceptable to the city and the State Board, in accordance with SMARA, and in an amount the city reasonably determines is adequate to perform reclamation in accordance with the approved reclamation plan. Financial assurances shall be made payable to the city of Irwindale and OMR. (B) Financial assurances will be required to ensure compliance with the reclamation plan, including but not limited to, revegetation and landscaping requirements, requirements for adequate and appropriate fill material grading and compaction requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control disposal of hazardous materials and other measures, if necessary. (C) Cost estimates for the financial assurances shall be submitted to the public works department for review and approval prior to the time the operator secures financial assurances. The public works director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to OMR for review. If OMR does not comment within forty-five days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the city determines additional costs may be incurred. The public works director shall have the discretion to approve the financial assurances if they meet the requirements of this code, SMARA, and applicable state regulations. (D) The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the city engineer. The estimated cost of reclamation shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation and landscaping requirements for adequate and appropriate fill material grading and compaction requirements, restoration of water Ordinance No. 683 Page 27 bodies, restoration of aquatic or wildlife habitat and any other applicable element of the approved reclamation plan, shall be based upon cost estimates that include but are not limited to, labor, equipment, materials, mobilization of equipment, administration and a reasonable profit by a commercial operator other than the operator of the surface mining operation. A contingency factor of ten percent shall be added to the cost of reclamation. (E) In projecting the costs of reclamation, it shall be assumed that the surface mining operation has been abandoned by the operator and that the city or State Department of Conservation must contract with an independent third party to initiate and complete all remaining reclamation. (F) The financial assurances shall include a calculation of funding requirements for the total of required reclamation actions by mining phase and provision of a suitable funding mechanism; (G) The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required). (H) The amount of financial assurances shall be adjusted annually to account for new lands disturbed by surface mining operations, adjustments and corrections in financial assurances previously approved, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, including any necessary interim reclamation excepting that the operator may not claim credit for reclamation scheduled for completion during the coming year. (I) The operator shall submit written revisions to financial assurances to the public works director each year, 30 days prior to the anniversary date of the initial financial assurances approved by the city. If written revisions to the financial assurances are not provided, the operator shall explain, in writing, 30 days prior to such anniversary date, why revisions were not necessary. The public works director may require further revisions and/or explanation from the operator if the submission is found to be inadequate. Alternative Financial Assurances. SMARA at sections 3803 and 3806 authorize governmental operators to utilize "pledges of revenue or budget set-asides" as financial assurance mechanisms to secure reclamation of its quarries. The City have established a joint powers authority, formed pursuant to Government Code Section 6500, et seq., and titled the Irwindale Reclamation Authority ("JPA") to assist the operator in meeting its financial assurances obligations through an alternative financial assurances mechanism ("Alternative Mechanism"). The availability of the Alternative Mechanism for an operator shall be subject to the State's approval. In the event that the operator seeks to provide financial assurances as provided in this section, the operator shall provide the following: (1)Transfer and Conveyance of Operation Rights. The operator shall execute a document titled, "SMARA Operation Rights Transfer and Conveyance Agreement," transferring to the JPA, and conveying from the JPA to the operator, its operation rights. The assignment and conveyance shall be deemed not to be an interest in real estate but instead to be a transfer solely for purposes of assigning primary reclamation responsibility back to the operator. (2)Amounts Posted by the Operator. The operator shall post financial assurances instruments in favor of the JPA and State in the amount determined by the city. Such financial Ordinance No. 669 Page 28 assurances shall remain in place until the site has been fully reclaimed in accordance with the reclamation plans for the site and then shall be fully exonerated unless there is a default. Although the city shall retain all rights to annually adjust the financial assurances amounts under SMARA section 2773.1(a)(3), the financial assurance posted by the operator shall reflect the amounts required to reclaim the site. As such, any increase in the financial instruments posted by the operator shall require an amendment to the use permit, subject to the mutual approval of city and the operator. (3 ) Termination of JPA. In the event the JPA is terminated for any reason, at least 2 years prior written notice of termination shall be given to the operator before such termination shall be effective. This provision shall be included in the SMARA Operation Rights Transfer and Conveyance Agreement. During said 2 year period, the reclamation plan shall be reviewed, and revised in a manner such that the then posted financial assurances will be sufficient for reclamation, or the city may enter into other agreements with the operator to accomplish the reclamation originally contemplated. (E) Default. In the event of a material default of the terms of the reclamation plan obligations, the city shall give the operator reasonable notice and opportunity to cure. Should operator fail to promptly commence and diligently pursue a cure for such default, the city may pursue any or a combination of the following remedies: (1) Financial Assurances. In accordance with SMARA, at section 2773.1(b), as may be amended, the city may use the financial assurances posted by the operator as necessary to reasonably cure the default. (2) Additional Rights. In the event of a material default, in addition to utilizing the operator's financial assurances, the city shall have all of the remedies available per SMARA section 2773.1 and the following rights, after providing the operator with a 30 day notice of violation: (a) To enter the site and remedy the default, unless such entry is to take over fill operations and use revenue from reclamation activity, in which case, subsection (c) below shall apply; (b) To charge the operator for all costs in excess of the financial assurances and reclamation revenue; (c) To lien the property for all excess, uncompensated expenses; (d) To collect the operator's or its agent's deposit; and (e) To expend portions of the Reclamation Fund contributed by the JPA, but not the operator's financial assurances, for any purpose it deems appropriate to assist in the refilling of the site expeditiously and in an economically prudent manner; provided, however, the city shall be responsible for any actual damage which results from its introduction of materials that do not qualify as approved fill. Eligible costs under this paragraph shall include, but not be limited to, the costs of permissible fill, transportation of same, equipment and labor costs for reclamation, engineering and consulting fees and all other similar or related costs and expenses. (3) Right to Enter Site to Take Over Fill Operations: In the event of a material default in the operator's filling operations, should the city wish to enter operator's site and use revenue from reclamation activity to cure the default by taking control of fill operations, the city shall first provide 60 days notice to operator of the intent to do so. Before implementing Ordinance No. 683 Page 29 such measures, however, the city shall cause an impact report ("Impact Report") to be prepared analyzing the anticipated costs and benefits and impacts of the city taking over fill operations. A draft of the Impact Report shall be circulated to the operator and other interested parties. Applicant shall have 30 days to comment on the draft. The city shall consider and respond to any comments in writing. At the city's discretion, any comments may be incorporated into the Impact Report. The city council shall consider the Impact Report at a public hearing. If approved by the city council, the city may take over operator's fill operations, receive revenue from the reclamation activity, expend such portions of the Reclamation Fund and implement such other measures as addressed in the approved Impact Report, but only for as long as necessary to achieve compliance with the reclamation plan. When the default as been cured, the operator shall resume its filling and other operations under the reclamation plan. (4) The operator shall at all times maintain ownership and control of the site and shall continue the conduct of refilling activity, as may be further provided in the SMARA Operation Transfer and Retransfer Agreement. However, in the event the city exercises its rights under subsection 17.63.100(K)(3) above, the operator shall give the city, its contractors and agents access to the site so that the city may cause additional filling and reclamation to occur in accordance with these conditions. Such access shall be in accordance with the operator's normal safety requirements and the city shall indemnify and hold the operator harmless from any liability arising from such access, including injury or death to the employees of city, its contractors and/or agents, unless such injury or death is caused by the negligence of Applicant. (5) Without limitation of its other legal remedies, the operator shall have the right to appeal to the State any decision by the city to exercise its remedies in accordance with the appeal provisions under SMARA Regulation Section 3650(b), referencing SMARA Section 2770(e), which authorizes an appeal to the State of a determination by a lead agency under Section 2773.1(b) that an operator is incapable of performing its reclamation obligations. 17.63.110 Interim management plans. (A) Within ninety days of a surface mining operation becoming idle, the operator shall submit to the public works department a proposed interim management plan ("IMP"). The proposed IMP shall comply with all requirements of SMARA, including but not limited to all permit conditions and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by State Department of Conservation and shall be processed as an amendment to the reclamation plan per section 17.63.060. (B) Financial assurances for idle surface mining operations will be maintained as though the operations were active. (C) Upon receipt of a complete proposed IMP, the community development director shall forward the IMP to the OMR for review. The IMP shall be submitted to OMR at least thirty 30 days prior to approval by the city council. (D) Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the city community development director and the operator, the city council shall review and approve or deny the IMP in accordance with this chapter. The operator shall Ordinance No. 669 Page 30 have 30 days, or a longer period mutually agreed upon by the operator and the community development director, to submit a revised IMP. The city council shall approve or deny the revised IMP within 60 days of receipt. If the city council denies the revised IMP, the operator may appeal such action in writing to the city council within 15 days of the city council's action. (E) The IMP may remain in effect for a period not to exceed 5 years, at which time the city council may renew the IMP for another period not to exceed-5 years, or require the operator to commence reclamation in accordance with the approved reclamation plan. 17.63.120 Annual report requirements and review. (A) Operators shall forward annual surface mining reports to the State and to the public works department on a date established by the State, and on forms furnished by the State Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State within 30 days of permit approval, or before commencement of operations whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State at the time of filing the annual surface mining report. (B) Consistent with SMARA, the city may annually review reclamation plans including any and all financial assurances. The purpose of the annual review is for making adjustments in response to any changing technical standards relative to slope stability, backfill and compaction, ground water protection, and related public safety measures. Any changes to land use plans shall be subject to the limitation that such changes do not adversely affect the owner's economic ability to complete the reclamation of the site. 17.63.130 Inspections. The public works department shall arrange for the inspection of a surface mining operation within 6 months of receipt of the annual surface mining report required in Section 17.63.120, to determine whether the surface mining operation is in compliance with its use permits, the approved reclamation plan, the approved financial assurances and state regulations. In no event shall less than 1 inspection be conducted in any calendar year. The city shall send written notice to the operator at least 10 days prior to the inspection. Such inspections may be made by a state-registered geologist, state-registered civil engineer, state- licensed landscape architect, or state-registered forester, experienced in land reclamation and who has not been employed by the surface mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the public works director. All inspections shall be conducted using a form approved and provided by the State Board. The public works department shall notify the OMR, within 30 days of completion of the inspection that said inspection has been conducted, and shall forward a copy of the inspection notice and any supporting documentation, including the city's statement regarding the status of compliance, to the operator and OMR. The operator shall be solely responsible for all reasonable cost of the inspection, and shall either pay the costs directly, and/or, shall promptly reimburse the city for such costs. Ordinance No. 683 Page 31 17.63.140 Violations--Penalties. (A) If the public works director, based upon an annual inspection or other information which is confirmed by an inspection of the surface mining operation, determines that a surface mining operation is not in compliance with this chapter, applicable permits, and/or the reclamation plan, the city may follow the procedures set forth in PRC, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the this municipal code for revocation and/or abandonment of any applicable use permit. (B) In the event the operator fails to perform any obligations under the reclamation plan, the city shall have the right to take any action permitted under applicable law to compel compliance, including all equitable and legal remedies, whether specific performance, injunctive relief, or legal damages, and may impose any fines and penalties as may be permitted by law, including, but not limited to, the city staff and consultant costs and attorneys' fees incurred in securing compliance. 17.63.150 Appeals. (A) Any person aggrieved by an act or determination of the public works director and/or the city community development director in the exercise of the authority granted in this code, shall have the right to appeal to the planning commission. Any appeal shall be filed in writing within 15 calendar days of the public works director and/or community development director's determination. (B) Any person aggrieved by an act or determination of the planning commission in the exercise of the authority granted in this code, shall have the right to appeal to the city council. Any appeal shall be filed in writing within 15 calendar days of the planning commission's determination. 17.63.160 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. Such fees shall be paid by the operator, as required by the city, at the time of filing of the permit application, reclamation plan application, financial assurance information, notice of completion of inspection, or at such other times as determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the operator. 17.63.170 Mineral resource protection. (A) Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent consistent with the city's general plan. (B) In accordance with PRC section 2767, the city's general plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within Ordinance No. 669 Page 32 ra M. Nieto, CMC eputy City Clerk 12 months of the city's receipt of this information from the State Board, land use decisions within the city will, in part, be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on title to property of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving uses that would otherwise be incompatible with mineral resource, protection, conditions of approval may be applied to proposed encroaching uses to minimize potential conflicts. SECTION 4. If any subsection, sentence, clause or phrase in this section is for any reason held invalid, the validity of the remainder of the section will not be affected. The City Council hereby declares it would have passed this section and each subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more subsections, sentences, clauses, or phases or is declared invalid. SECTION 5. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its adoption. SECTION 6. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. SECTION 7. City staff is directed to prepare and file a Notice of Exemption under the California Environmental and Quality Act (CEQA) in connection with this Amendment. PASSED, APPROVED, AND ADOPTED this 10 th day of December 2014. CL4j-ju Mark A. Breceda, Mayor ATTEST: Ordinance No. 683 Page 33 Ora M. Nieto, CMC eputy City Clerk dlir ura M. Nieto, CMC ri eputy City Clerk I, Laura M. Nieto , Deputy City Clerk, certify that I caused a copy of Ordinance No.683, adopted by the City Council of the City of Irvvin4ale at its regular meeting held December 10, 2014 to be posted at the City Hall, Library, and Post Office on December 11, 0#, )11 rN7/14-6 Dated: STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 683 was duly introduced at a regular meeting of the Irwindale City Council held on the 12 th day of November 2014, and was duly approved and adopted on second reading at its regular meeting held on the 10 th day of December 2014, by the following vote of the Council: AYES: Councilmembers: Ambriz, Garcia, Miranda, Ortiz, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None AFFIDAVIT OF POSTING Ordinance No. 669 Page 34