17.44.030 Permits required.
A. Permits. No person or entity shall conduct mining or quarrying operations unless a mining permit, reclamation plan, and financial assurances for reclamation have first been approved by the city. The following permits shall be required:
1. A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing site which has not complied with these regulations, or prior to the construction of any new related facilities for the production of minerals within or through the city.
2. A temporary use permit shall be obtained prior to surface-based exploration or survey for the purpose of locating minerals, excluding any exploratory drilling operations which are subject to a conditional use permit.
3. A temporary use permit shall be obtained by the operator prior to any reworking of a site that has previously complied with these regulations.
B. Emergency Work. Whenever it is necessary to do work on a site to prevent a hazardous condition or the loss of the site, the operator is authorized to do such work without permits; however, the operator must immediately report any emergency which has the potential of threatening adjoining properties. All other emergencies must have a preliminary report submitted to the city within twenty-four hours and a final report within five working days after the emergency work is completed. Such emergency work shall be excluded from the maximum permissible sound levels during the term of the emergency only.
C. Application Submittal. All applications for conditional use permits listed in subsection (A) of this section shall include the following information in addition to the standard information required for a conditional use permit application:
1. Plan of site, production; storage and all surface facilities and proposed equipment, including the distance to all existing and approved dwellings and other structures and land uses within a one-thousand-five-hundred-foot radius of the subject facility;
2. Names and addresses of the mineral surface and lease owners of the subject mine and parcel;
3. A reclamation plan for the site, which shall include information concerning the mining operation that is required for processing the reclamation plan, including but not limited to environmental review prepared pursuant to the California Environmental Quality Act (Public Resources Code Section 2100 et seq.);
4. Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;
5. A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through and/or upon which such mine is proposed, and that the applicant is duly authorized by the property owner to make and file the application;
6. A complete legal description of the subject site;
7. A brief description of the manner in which the minerals will be produced and transported if the drilling operation is successful;
8. A phasing plan for the staging of the operations, including but not limited to, an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;
9. Copies of all other required permits, insurance and bonds, including but not limited to those required by the Regional Water Quality Control Board;
10. An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four-hour period on the site and within a five-hundred-foot radius, if there are any occupied buildings within that radius;
11. Any and all other information that the city may, in its discretion and from time to time, require;
12. A written agreement duly executed by the applicant that in the event a permit is issued by the city, the applicant will as a condition to any operations within the city, faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, and conditions of approval. (Ord. 706 § 3 (Exh. A), 2019).