HomeMy WebLinkAbout756ORDINANCE NO. 756
AN ORDINANCE OF THE CITY COUNCIL OF IRWINDALE, CALIFORNIA ADDING
CHAPTER 17.130 [RECLAMATION OF MINES EXEMPT FROM THE SURFACE
MINING AND RECLAMATION ACT ("SMARA")] TO ESTABLISH REGULATIONS
AND STANDARDS FOR NON-SMARA PITS TO TITLE 17 (ZONING) OF THE
IRWINDALE MUNICIPAL CODE (IMC)
WHEREAS, the Legislature enacted the Surface Mining and Reclamation Act
(°SMARA°), pursuant to Public Resources Code § 2770 et seq., requiring that every
surface mining operation have a permit, a reclamation plan, and financial assurances to
implement the planned reclamation unless exempt from the application of SMARA;
WHEREAS, in response to this legislation, the City adopted Ordinance No. 356
on September 24, 1981, which added new sections to the Code regarding mining and
geology. Over the years, subsequent ordinances were adopted to revise City-wide
standards as well as provide updates to comply with SMARA; and
WHEREAS, both SMARA, pursuant to Public Resources Code section 2776(a),
and the IMC, pursuant to Section 17.63.050, provide that those with a vested right to
conduct surface mining prior to January 1, 1976 are exempt from the SMARA
requirements; and
WHEREAS, SMARA also addresses a second aspect of vesting pursuant to
Public Resources Code section 2776(c), the requirement of reclamation, by stating that
"[n]othing in [SMARA] shall be construed as requiring the filing of a reclamation plan for,
or the reclamation of, mined lands on which surface mining operations were conducted
prior to January 1, 1976"; and
WHEREAS, the City has within its jurisdiction mining pits not reclaimed that are
exempt from the SMARA requirements, and mining pits excavated pursuant to SMARA
but not reclaimed and mining pits excavated and reclaimed pursuant to SMARA where
reclamation, or further reclamation, of these mining pits would be exempt from the
SMARA requirements (collectively, "Non-SMARA Pits"), and the City has no regulation
on the requirements of reclamation of the Non-SMARA Pits; and
WHEREAS, the City now desires to regulate the reclamation of the Non-SMARA
Pits by requiring the approval by the city of a development agreement, with appropriate
standards and public benefits to be negotiated with the city, prior to any reclamation of
the Nan-SMARA Pits; and
WHEREAS, the City adopted Ordinance No. 356 on September 24, 1981, which
added new sections to the Code regarding mining and geology; and
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WHEREAS, the City Council adopted Ordinance No. 534 on January 28, 1999,
replacing Chapter 17.63 "Mining Permits and Reclamation Plans" with a new chapter on
surface mining and reclamation consistent with the SMARA model ordinance; and
WHEREAS, the City Council adopted Ordinance No. 584 on August 3, 2004,
amending Chapter 17.60 "Quarry Zone" of the Irwindale Municipal Code establishing a
Reclamation Fund to provide additional reclamation security for the proper reclamation
of certain mining sites; and
WHEREAS, the City Council adopted Ordinance No. 683 on December 10,
2014, amended Chapters 17.60 and 17.63 of the Irwindale Municipal Code to ensure
that they are in accordance with current SMARA and included Conditions of Approval
for mining operations that have been imposed on all mining operations in the City; and
WHEREAS, in response to SMARA, the City approved Ordinance No. 756,
adopting Chapter 17.130 of Title 17 of the Irwindale Municipal Code ("IMC"), entitled
"Surface Mining and Reclamation Plans"; and
WHEREAS, on April 21, 2021, the Planning Commission found that this
Ordinance No. 756 ("Ordinance"), imposing Non-SMARA Pits to execute a development
agreement will allow the City to better regulate reclamation of Non-SMARA Pits and
recommended that the City Council adopt the Ordinance; and
WHEREAS, on May 12, 2021, the City Council conducted a duly -noticed public
hearing and a first reading of this ordinance; and
WHEREAS, on May 26, 2021, the City Council duly approved and adopted on
second reading, Ordinance No. 756; and
WHEREAS, in order to protect against the risks to public health, safety and
welfare associated with reclamation operations, the City Council sees fit to adopt the
Ordinance to impose regulations as to the Non-SMARA Pits.
NOW, THEREFORE, the City Council of the City of Irwindale does ordain as
follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set
forth in Recitals of this Resolution are true and correct.
SECTION 2. The Ordinance is consistent with the City's General Plan, Irwindale
Municipal Code, Irwindale Zoning Code and applicable Federal and State law.
SECTION 3. The Ordinance will not be detrimental to the public interest, health,
safety, convenience or welfare.
SECTION 4. The Ordinance is not a project within the meaning of Section 15378
of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has
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no potential for resulting in physical change in the environment, directly or indirectly. The
Ordinance does not authorize any specific development or installation on any specific
piece of property within the City's boundaries. The Planning Commission does further
hereby recommend that the City Council find and determine the Ordinance is further
exempt from CEQA because the City Council's adoption of the Ordinance is covered by
the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment (State CEQA Guidelines, § 15061(b)(3)).
SECTION 5. The Ordinance is hereby adopted by the addition of a new Chapter
17.130, "RECLAMATION OF MINES EXEMPT FROM THE SURFACE MINING AND
RECLAMATION ACT" in Title 17 of the Irwindale Municipal Code to read as follows:
Chapter 17.130 - RECLAMATION OF MINES EXEMPT FROM THE SURFACE
MINING AND RECLAMATION ACT
17.130.010 PURPOSE
The city finds that there are mining pits within its jurisdiction which are exempt
from the requirements provided for in the California's Surface Mining and Reclamation
Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter
referred to as "SMARA." Any mining pits within the city jurisdiction which are exempt
from the requirements provided for in SMARA, hereinafter shall be referred to as "Non-
SMARA Pits".
The intent of this Chapter is to regulate the reclamation of Non-SMARA Pits in
order to protect against the risks to public health, safety and welfare associated with
reclamation operations.
17.130.020 APPLICATION OF CHAPTER
The provisions of this chapter shall apply to reclamation of all mining pits within
the City's jurisdiction which are exempt from the requirements of SMARA, including, but
not limited to:
A. Mining pits which had mining operations conducted prior to January 1,
1976, and which are required to have, or requested to have, additional reclamation;
B. Mining pits excavated pursuant to SMARA, but not reclaimed, and which
are required to have, or requested to have, additional reclamation; or
C. Mining pits excavated and reclaimed pursuant to SMARA which are
required to have, or requested to have, additional reclamation.
The foregoing list is not, and shall not be interpreted to be, exhaustive of all such
situations in which these provisions shall be applicable. "Reclamation" shall be defined
as the combined process by which adverse environmental effects of surface mining are
minimized and mined lands are returned to a beneficial end use.
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17.130.030 DEVELOPMENT AGREEMENT REQUIRED
The reclamation of Non-•SMARA Pits is allowed only upon approval by the city of
a development agreement, with appropriate standards and public benefits to be
negotiated with the city and complying with all other standards imposed by this chapter.
SECTION 6. If the provisions in this Ordinance conflict in whole or in part with
any other City regulation or ordinance adopted prior to the effective date of this section,
the provisions in this Ordinance will control.
SECTION 7. If any subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional
or otherwise unenforceable, such decision shall not affect the validity of the remaining
portion of this Ordinance or any part thereof. The City Council hereby declare that they
would have passed each subsection, subdivision, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more subsection, subdivision,
paragraph, sentence, clause, or phrase be declared unconstitutional or otherwise
unenforceable.
SECTION 8. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall cause the same to be published and/or posted at the designated
locations in the City of Irwindale.
SECTION 9. The Ordinance shall take effect at 12:01 AM on the 31St day after its
passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Irwindale this 26th day of May 2021.
H. Manuel Ortiz, Mayor
M)na��
ra M. Nieto, MMC
Chief Deputy City Clerk
Ordinance No. 756
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CITY OF IRWINDALE
COUNTY OF LOS ANGELES } ss.
STATE OF CALIFORNIA
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 756 was duly introduced by the City Council of the City of
Irwindale, at a regular meeting held on the 12#" day of May 2021, was duly approved
and adopted on second reading at its regular meeting held on the 26t' day of May 2021,
by the following vote of the Council:
AYES: Councilmembers: Ambriz, Breceda, Burrola, Garcia, Mayor Ortiz
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
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ra M. Nieto, MMC
Deputy City Clerk
Ordinance No, 756
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