marina planning commission agenda packet 02-06-14

8/13/2019 Marina Planning Commission Agenda Packet 02-06-14

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City o f Marina

u r s d y ~February 6, 2014

AGENDA

SPECIAL MEETINGPLANNING COMMISSION

Council Chambers2 Hillcrest AvenueMarina California

VISION STATEMENT

City of Marina211 HILLCREST AVENUE

MARINA, CA 93933831- 884-1278; FAX 831- 384-914

www.ci. marina .ca us

Marina will grow and mature from a small town bedroom community to a small citywhich is diversified, vibrant and through pos itive relationships with regional agencies,self-sufficient. The City will develop in a way that insulates it from the negative impactsof urban sprawl to become a desirable residential and business community in a naturalsetting. (Resolution No. 2006-112- May 2, 2006)

MISSION STATEMENT

The City Council will provide the leadership in protecting Marina's natural setting while

developing the City in a way that provides a balance of housing, jobs and businessopportunities that will result in a community characterized by a desirable quality of life,including recreation and cultural opportunities, a safe environment and an economicviability that supports a high level of municipal services and infrastructure. (ResolutionNo. 2006-112- May 2, 2006)

1 CALL TO ORDER

2 ROLL CALL ESTABLISHMENT OF QUORUMPlanning Commission Members:Margaret Davis, Debra Daniels, Eugene Doherty, Greg Furey, Virgil Piper, Vice

Chair Ken Turgen, Chair David Burnett3 MOMENT OF SILENCE PLEDGE OF ALLEGIANCE (Please stand)

4 . SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THEFLOOR: Announcements o f special events or meeting o f nterest as informationto Board and Public . t this time any person may comment on any item which isnot on the agenda. Please state your name and address for the record Actionwill not be taken on an item that is not on th agenda. f t requires action i t willbe referred to staff and/or placed on the next agenda. Planning Commissionmembers or City staff may briefly respond to statements made or questions posed


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Agenda for Special Meeting of Thursday February 6 2014 Page

as permitted by Government Code Section 54954.2 . In order that all int erestedparties have an opportunity to speak please limit comments to a maximum o fFour 4) m.inutes. Any member o f the public may comment on any matter lis tedon this agenda at the time the matter is being considered by the PlanningCommission.

5 CONSENT AGENDA: Background information ha s been provided to thePlanning Commission on all matters listed under the Consent Agenda and theseitems are considered to be routine. All items under the Consent Agenda arenormally approv ed by one motion. f discussion is requ ested by anyone on anyitem that item will be removed from the Consent Agenda and placed at the end o fOther Action Items if eparate action is requested.

a. Minutes for the January 23, 2 14 Planning Commission meeting.

6. PUBLIC HEARINGS: Time w ill be set aside during the Public Hearin g to

receive oral comments on all items listed as Public H earings. taff will presentthe project brought forth for Planning Comm iss ion consideration and possibleaction and answer questions from the Planning Commissioners. The applicantwil l then hav e the opportunity to raise any issues. The public will then be invitedto approach the podium to provide up to four 4) minutes o f ublic testimon y.

a. None

7. OTHER ACT ION ITEMS: Action listed for each Agenda item is that which isbrought forth for Planning Commission conside ration and possible action. ThePlanning Commission may, at its discretion take action on any items. The public

is invited to approach the podium to provide up to fou r4)

minuteso f

publiccomment.

a. It is req uested that the Plann ing Commiss ion :

Provide an interpret ation of Marina Municipa l Code (MMC) Section 17 .41.260,Surface Min ing and Reclamation Standards, pursuant to a request by City Staff inaccordance with MMC Section 17.56.020

Specifically, the Comm ission is asked

whether or not the exploratory extraction of water for the purpose of determining itsmineral content is a surface mining operation under MMC Section 17 .41.260.B.

8 COMMISS IONERS AND STAFF INFORMATIONAL REPORTS:

a City Counci l, Design Review Board, Tree Committee and other meeting s ofnote.

b. Upcoming item s sched uled for future meetings.

1 This section states: [a ]ppl ication for appeal or interpretation shall be made in writing to the planningcommission.


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ity o Marina

Thursday January 23, 2014

1. CALL TO ORDER

MINUTES

REGULAR MEETINGPLANNING COMMISSION

Council Chambers211 Hillcrest AvenueMarina California

Chair Burnett called the meeting to order at 6:30p.m.

2. ROLL CALL ESTABLISHMENT OF QUORUMPlanning Commission Members:

ity o Marina211 HILLCREST A VENUE

MARINA, CA 93933831- 884-1278; FAX 831-384- 9148

www.ci.marina.ca. us

6:30P.M .

Margaret Davis, Debra Daniels, Greg Furey, Virgil Piper, Vice- Chair KenTurgen, Chair David Burnett

Members Absent: Eugene Doherty excused.)

3. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE

4. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THEFLOOR:

Commissioner Davis commented that work was progressing well at the Equestrian Centerfor the stabilization project.

Chair Burnett sent condolences to meeting videographer Alex Vasquez and family for therecent loss oftheir daughter Andrea.

5. CONSENT AGENDA:

a. Minutes for the December 12 2013 Planning Commission meeting.

Commissioner Daniels moved for approval which was seconded by Commissioner Piper.The motion passed by a 5-0-1 Doherty)-1 Turgen) vote.

6. PUBLIC HEARINGS :

a. None

7. OTHER ACTION ITEMS:


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Minutes for Regular Meeting of Thursday January 23 2014

a It is requested that the Planning Commission :

Provide an interpretation of Marina Municipal Code Chapter 17.55, Surface Miningand Reclamation Standards, that the extraction of water to determine its mineral

content is a surface mining operation.

Symanis gave a staff report, provided background information and clarified the requestbefore the commission .

Chair Burnett disclosed that he had met with Director di Iorio and Ms. Szymanis as well as ateleconference with City Special Counsel Kathy Jenson, prior to the meeting . Following thatmeeting it was advised that the item be continued to their next regular meeting on February13 , 2014 in order to have additional information.

The public hearing was opened.

Public Comments:

Jim Cullem, Director , Regional Water Authority, spoke to the critical timeline of thewater project and expressed concern with a delay;

Brian Lee, General Manager of the Marina Coast Water District supported thecontinuance;

Jan Shriner, MCWD Board member also supported the continuance so that theirboard would have an opportunity to meet and discuss the item ;

Ian Crooks , Engineering Manager for California-American Water was not in supportof the delay;

Bruce Delgado asked about the different process with Monterey County approvals fora similar request;

Molly Erickson, Stamp Law Offices, representing the Ag Land Trust, spoke inopposition to the request and the process as presented , supported the delay andsugge sted the item be taken up by the City Council rather than the PlanningCommission.

The public hearing was closed.

Chair Burnett made a motion to continue the item to the next regularly scheduledPlanning Commission meeting of ebruary 13 , 2014. The motion was seconded by ViceChair Turgen and passed by a 5-l Daniels)-l Doherty)-0 vote .

8 COMMISSIONERS AND STAFF INFORMATIONAL REPORTS: None

9 CORRESPONDENCE: None

Page


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Minutes for Regular Meeting of Thursday January 23 2014 Page

10. ADJOURNMENT

The meeting was adjourned a t 7:00 p.m.

ATTEST:

David Burnett Chair

Judy Paterson Administrative Assistant DATE


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February 4, 2014 Item No.

Honorable Membersof the Marina Planning Commission

Planning Commission Meeting ofFebruary 6, 2014

REQUEST

CONTINUED REQUEST FOR AN INTERPRETATION OFMARINA MUNICIPAL CODE SURFACE MINING ANDRECLAMATION STANDARDS THAT THE EXTRACTIONOF WATER TO DETERMINE ITS MINERAL CONTENTIS A SURFACE MINING OPERATION

It is reques ted that the Planning Commission:

1. Provide an interpretation of Mar ina M unicipal Code (MMC) Section 17 41.260, SurfaceM inin g and Reclamation Standards, pursuant to a request by City Staff in accordance withMMC Sect ion 1 7.56.020 1 Specifica lly the Commiss ion is asked whether or not theexploratory extraction of water for the purpose of determining its mineral content is asurface mining operatio n under MMC Section 17.41.26 0.B.

BACKGROUND:This matter was originally before the Planning Commission on January 23, 2013, at wh ich tim e itwas continued to the Commission's next meeting.

The City of Marina has rece ived two separate requests by representatives of California AmericanWater ( Cal Am ) and the Californ ia Public Utilities Commission ( CPUC ) to drill a total offive exploratory boreho les at the CEMEX mining site for the purpose of gathering infonnationfor the preparation of the Environmental Impact Report ( EIR ) for the Monterey PeninsulaWater Supp ly Project (MPWSP). T hat Project is Ca l Am's proposed regional desalination

project. CEMEX has authorized the drilling of the boreholes. The firs t three boreholes were forsoil exp loratio n only , and were treated by City Staff as a n activ ity t hat is part of on-goingsurface mining opera tion s of the CEMEX site. These boreholes have been drilled and refilled.

The final two proposed boreholes would involve not only soi l boring, but also the extraction of ade minimus amoun t of water for a limited duration to determine its mi nera l content. Cal Am andCPUC submit that these final two exploratory boreholes should be treated the same as the prio rsoil extraction boreholes because the purpose is the same - namely, the exam inat ion of theminera ls p resent in the extracted material, but in th is case it will also include the extract ion of ade minimus amount of water for water samp les.

City Staff, the City Attorney, and the City's Special CEQA/Land Use Counsel concur with theinterpretation, but desire to bring the matter forward for a formal interpretation by the Plannin gCommissio n pursuant to MMC Sect ion 17.56 .020 because of the public interest in this issue.

The Plannin g Comm ission's int erpretation would g uid e the City's process for examining the finaltwo proposed exp loratory borehole s. If the Planning Commiss ion agrees with the proposedinte rpretation of surface minin g operat ion, then no permit or approval from the City would beneeded f or the two fma l boreholes since the MMC exempts CEMEX from having to obta inpermits to conduct its surfacing mining operation un less there are substantial changes made to the

This sec tion states: [a]pplication for appea l or interpret tion shall be made in writin g to the planningcommission .


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mining operations (MMC 17.41.260.D.2.(d)). If the Planning Commission disagrees with thepropo sed interpretation of the M:MC a Coastal Development Permit would be requi red for thefinal two boreholes.

FACTS ANALYSIS:This reque st seeks a determination of the applicability of MMC Section 17.41.260 ( EXHIBITA ) to two propo sed exploratory boreholes. The bore holes would be made for th e purpose oftesting the mineral extracted , including the content of water extracted there from and would be

dug in an area designated for mining under the CEMEX Reclamation Plan. The locations of theexisting boreholes (CB-1 , CB-2 and CB-4) and proposed boreholes (CB-3 and CB-5) are shownon EXHIBIT B .

The proposed boreholes would be dug in close proximity to three comp leted boreholes. Theboreholes would be approximately 6 in diameter , 300 to 350 feet deep and would leave nopermanent footprint? While 10 ,000 gallons of water would be pumped from each borehole(20 ,000 total for the testing) , we understand from Ca l m that only a total 14 liters would betaken from the site for scientific testing regarding mineral content. It is important t o note thatthis is not a ground water production effort , but instead is for scientific sampling , and would nothave any impacts on water rights. The borehole operations would only occur during daylighthours and each borehole would require approximately 10 days to move equipment in to place foruse , and then be decommissioned. Exc ept for the 14 liters that would be taken offsite for testing,the water collected during the process would be stored in the on-site baker tank and then slowlydeposited back into the ground via a small percolation pit.

MMC Chapter 17.41.260 details and regulates Surface Mining and Reclamation Standards in theCoastal Zone. This Section was adopte d pursuant to Cal. Public Resources Code 2710 t seq.The pertinent definitions are found in M:MC Section 17.41.260.B. 3 (Definitions). This codesec tion states:

Surface mining operations means all or any part of the process invo lved in themining of minerals on mined lands by removing overburden and mining directl y fro m

the mineral deposits, open -pit mining of minerals naturally exposed, mining by theauger method , dredging and quarrying, or surface work incidental to an undergroundmine. Surface mining operations shall include, but are not limited to: (1) in-placedistillation , retorting or leaching; (2) the production and di spo sal of mining waste;and (3) prospecting and exploratory activities.

Exploration or prospecting means the searc h for minerals 4 by geological ,geophysical, geochemical or other technique s including, but not limited to, sampling,assaying , drilling, or any surface or underground works needed to determine thetype, extent or quality of minerals present (emphasis added).

M ineral is defined in the MMC to mean any naturall y occurring chemical element orcompound or groups of elements or compounds, formed from inor ganic proce sses and organicsubstances, including , but not limited to, sand, but excluding geothermal resources, natural gasand petroleum (MMC 17.41.260.B). Indeed, according to Webster's Dictionary, the wateritself is a mineral. See http://www .meniam-webster.com /dictionary /mineral - a so lid

2 After the requisite amount of water is pumped for mineral te sting , the borehol es wil l be term inated in a way that isconsistent with Co unty standar ds and leave no last ing footprint.3 These defmit ion s are identical to the definitions found in Cal. Public Resources Code 2735 and 2007.Research indicat es that these definition s have never been applied to our current situa tion through the judicialprocess.


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homogeneous crystalline chemical element or compound that results from the inorganicprocesses o nature; broadly any o various naturally occurring homogeneous substances [asstone, coal, salt, sulfur , sand, petroleum , water, or natural gas] obtained usually from theground. ) t is noted that natural gas and petro leum are excluded from the Marina definitiono mineral but no mention is made o water which leads to an interpretation that water wasintended to be included within the definition o mineral by the drafters o the Code .

Staff believes that this exp loratory boring to pump out water to determine mineral content falls underthe definition o surface mining operations. While the purpose o the boreholes may not fit thecolloquial definition o mining operations, the plain language o the } {MC indicates that thi.s type oactivity likely falls under the definitions. The purpose o pumping the water is to determ ine th etype, extent or quality o minerals present in each respective test sample. This places this activitywithin the statutory definition o prospecting and explora tory activities and thus, it would beconsidered surface mining operations.

As mentioned above, the Planning Commission's interpretation will inform the City's process forexamining the exploratory test boreholes. Staff interprets the actions to fall under the activitiesdefined in } {MC Sect ion 17.55.020. However , the request is directed toward the PlanningCommission for the offic ia l interpr etation.

CONCLUSION

This req uest is submitted for Planning Commission consideration and possible action.

Respectfully submitted,

Katheri e . JensonCity o rina CEQA/Land Use CounselRutan Tucker

REVIEWED/CONCu \

h r i s t i ndi Iorio, I JDirector, Commun ity D ve lopment DepartmentCity o Marina


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RESOLUTION NO. 2014 -

A RESOLUTION OF THE PLANNING COMMISSION OF THECITY OF MARINA DETERMINil'm THAT, IN ACCORDANCE

WITH MARINA MUNICIPAL CODE, SURF ACE MININGAND RECLAMATION STANDARDS , THE EXTRACTION OF

WATERTO

DETERMINE ITS MINERALCONTE

N TIS

ASURFACE MINING OPERATION

WHEREAS , the City o f Marina has received a request from repre sentatives o f the CaliforniaAmerican Water Company and the Califo rnia Public Uti lities Commission to drill two boreholes for alimited duration on the CEMEX mining site for the purpose o f extracting minerals through both soiland water to prov ide additiona l information on the hydrogeo logic conditions in the area o f the site tocomplete an environmental study for the Monterey Peninsula Water Supply Project Sett lementProposals in Application 12-04-019 , which is currently before the Public Utilit ies Commission o f theState o f Ca li f ornia, and;

WHEREAS, CEMEX is currently entitled to conduct a surface mining operation as defined by the

Marina Municipal Code (MMC) on the CEMEX site, and;

WHEREAS , the City Staff has requested an interpretation by the Planning Commission o f the scopeo f the t enn s urface mining operation as defined in MMC Section 7 .41.260, Surface Mining andRe c lamation Standards and whether it would include a e minimus extraction o f water to provideinformation on it s mineral content, and;

WHEREAS, pursuant to MMC Section 17.56.020 , the Planning Commission has the authority torender interpretations o f the MMC, and;

WHEREAS, this request seeks a determination that the scope o f a surface mining operation exte ndsto the extraction o f water through a temporary borehole to detennin e its mineral content for thelimited purpose o f the California American Water Co mpany reque st to drill two boreholes for alimited duration to extract minerals contained in water, consisting o f app rox ima tely 20 ,000 gallons o fwater for testing with all water returned to the site, except for 4 liters, and;

WHEREAS , accordi ng to MMC Section 17.41. 260.B, Surface mining operations means all r anypart o f the process involved in the mining o f minerals on mined land s by removing overburden andmining directly from the mineral deposits, open-pit mining o f mineral s naturally exposed , mining bythe auger method, dredging and quarrying , or surface work incidental to an underground mine.Surface mining operations shall include, but are not limited to: (1) in-place distillation, retort ing orleaching; (2) the production and disposal o f mining waste; and (3) prospecting and exploratoryactivities, and;

WHEREAS , Explo ration or prospecting mean s the searc h for minerals by geological, geop hysical,geochemical or other technique s, including , but not limited to, samp ling, assaying, drillin g, or anysurface or underground works needed to determine the type, extent or quality of minera ls pre sen t ,and;

WHEREAS, it has been represented by California American Water Company that approximately20,000 gallons o f wate r will be extracted from the site so as to extract minerals for testing , with allwa ter returned to the site except for 4 liters, resulting n the ability to make the fmding that the onlypurpose o f the extract ion will be to explore for mineral s that are pre sent in the water and there w ill beno other use o f the water as a result o f thi s interpretati on and;


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Resolution No. 2014 -Page 2.

WHEREAS the staff report and testimony provided during the Planning Commissio n s cons iderationof this request suppo rt s the requested interpretation.

NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Marina doeshereby determine that n accordance with Marina M unicipal Code Surface M n ng and ReclamationStandards the extraction of water to determine its minera l content as proposed in this insta nce iswithin the scope of a surface m ining operation.

PASSED AND ADOPTED at a regular meeting of the Plruming Commission of the City of Marina duly held on the th day of February 2014 by the following vote:

A YES: COMMISS ION MEMBERS:NOES: COMMISSION MEMBERS:ABSENT: COMMISSION MEMBERS:ABSTAIN: COMMISSION MEMBERS:

ATTEST:

Christine di Iorio AICPDirector Community Development DepartmentC ity of Marina

David Burnett Chairperson


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Chapter 17 41 COASTAL ZONING Page 1 o f7

E XHIBIT

17 41 260 Surface mining and reclamation standards

A. P urpose and Inten t.

1 This chapter is adopted pursuant to the Ca li fornia Surface M ining and Rec lamation ct of

1975 , Chapter 9 , Public Resources Code.

2. The city counci l finds and declares that the extraction of minerals is essential to the

cont inued economic we ll-being of the city and to the needs of society, and that the reclamatio n

of mined lands is necessary to prevent or minimize adverse effects on the environment and to

protect the public health and safety.

3. The city council further finds that the reclamation of mined lands as provided in this chapter

will permit the continued mining of minerals and will provide for the protect ion and subsequent

benef icial use of the mined and reclaimed land.

4. The city council further finds that surface mining takes place in areas where the geolog ic ,

topographic, clima tic, b iolog ica l and socia l conditions are different and that reclamationoperations and the specifications therefore may vary accord ingly.

B Defin ition s As used in this chapter:

Environmental assessment means the study of the environme nt of an area proposed to be m ined

including the flora, fauna, geologic, erosion potential and other factors deemed to be important by

qual ified experts of appropriate disciplines .

Environmental impact report means a report on the environmenta l effects of a project prepa red

according to the standards and provisions of the California Enviro nmental Qua lity Act (CEQA ).

Exp loration or prospecting means the search for minerals by geo logical , geophysical, ge o chem ica l

or other techniques , including, but not limited to , sampling , assaying , drilling, or any s urfac e o r

underground works needed to determine the type , extent or quality of minera ls present.

General p lan means the adopted general plan for the city of Mar ina .

Loca l coastal program means the adopted local coastal land use and implementat ion plans for the

city as certified by th e California Coastal Commission.

Mined lands means and includes the surface , subsurface and groundwater of an area in which

surface mining operations will be , are being , or have been conducted, includ ing private wa ys and

roads appurtenant to any such area , land excavations , workings, min ing was te , a nd a reas in whi c h

stru ctures , facilities , equipment , machines , tools , or other materials or pro pe rty w hich result from , or

are used in , surface mining operations are located .

Minera ls means any naturally o cc urring chemi cal e lement or compound or grou ps o f elemen ts and

compounds, formed from inorganic processes and organic substances , including , but n ot limited to ,

sand , but excluding geothermal resources, natural gas and petro leu m.

htt p ://www codep ubli shin g co m CA/ m ar inalhtmVMar in a 17 Marina 174 1 h tm l 2/4/2 4


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C hapt er 17 4 1 COAS TAL ZON IN G Page 2 of7

Mining waste means and includes the residual o soil, rock , mineral liquid , vegetation , equipment,

machines , tools or other materials or property directly resulting from, or displaced by , surface mining

operations.

New mining means and includes any significant increase in the rate o extraction or change in

location.

Operator means any person who is engaged in surface mining operations, himself , or who contracts

with others to conduct operations on his behalf.

Overburden means soil , rock o r other materials that lie above a natural mineral deposit or in

between deposits , before or after their removal , by surface mining operations.

Permit means any formal authorization from or approval by, the city w ithout which surface mining

operations cannot occur .

Person means any individual , firm, association , corporation, organization or partnership, or any city,

county , district or the state or any department or agency thereof.

Reclamation means the process of land treatment 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 to a usable condition which is readily adaptable for alternate land uses and create 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.

State board means State Mining and Geology Board in the Department o Conservation , state of

California.

State geologist means the individual holding office as structured in Section 677 of Article 3 , Chapter

2 of Division 1 of the Public Resources Code.

Surface mining operations means all or any part o the process involved in the mining o minerals on

mined lands by removing overburden and mining directly from the mineral deposits, open-pit miningo minerals naturally exposed , mining by the auger method, dredging and quarrying, or surface work

incidental to an underground mine. Surface mining operations shall include, but are not limited to: (1)

in-place distillation, retorting or leaching; (2) the production and disposal o mining waste; and (3)

prospecting and exploratory activities .

C. Scope.

1 The provisions of this chapter shall apply to the incorporated areas of the city.

2. The provisions of this chapter are not applicable to:

a Excavations or grading conducted for farming or on-site construction or for the purpose

of restoring land following a flood or natural disaster ;

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Chapter 17 41 COASTAL ZONING Page 3 o f

b . Such other mining operations that the c ity determines to be o an infrequent nature , and

which involve only minor surface disturbances and are categorically ident ified by the State

Board pursuant to Sections 2714{d) and 2758 c) , California Surface Mining and

Reclamation Act of 1975 SMARA).

D. Permit , Reclamation Plan and Reporting Requirements.

1. Reclamation Plan Requirements . Reclamation plans as defined in this chapter shall be

required o all mining operations undertaken since Ja nuary 1 19 76. Any person who p roposes

to engage in new mining operations as defined in this chapter shall a lso be requ ired to prepare a

reclamation plan prior to commencing new mining operations .

a. Existing Mining Operations . A person who has obtained a vested right to conduct

surface mining operations prior to January 1 , 1976 shall submit and receive city approva l o

a reclamation plan within two years from the effective date o the ord inance codified in this

chapter for all mining operations conducted after January 1 1976. Noth ing in this chapter

s hall be construed as requiring the filing o a reclamation plan for, or the rec lamation of,

mined lands on which surface mining operations were lawfu lly conduc ted p rio r to, but notafter January 1 , 1976 .

b. Reclamation Plan Review. Approved reclamation plans s hall be reviewed by the

planning commission at least every five years . It shall be the sole res pons ibility of the

operator to submit a written request to the planning comm ission prior to t he expiration o

each five-year period. Operator shall provide the planning commission with ample evidence

that comp liance is being maintained with the provisions o the approved reclamation plan.

The planning commission reta ins the right subsequent to reclama tion plan review to modify

the terms o any reclamation plan to assure continuing compl iance with the local coastal

program . Furth ermore, the planning commission may consider and app rove modification oany reclamation plan requ es te d by the operator so long as it finds that the reclamat ion plan

is in comp liance wit h the local coastal program.

2. Permit Req uirem ents. The planning commission s hall issue a mining perm it for any new

surface mining operation , which the planning commission finds is in conforman ce with the local

coasta l program. No new mining activ ity sha ll take place prior to the issuance o a mining perm it

by the planning commission .

a. Existing Mining Operations. E xis ting mining operations are required to obtain a mining

permit from the city in accordance with the requirements o this chapter within tw o years

from the date o adoption o the ordinance codified in this chapter e xcep t as pro vided insubsection D) 2) d) of this se ct ion.

b . Mining Permit Rev iew. The planning co mmission shall review mining pe rmits iss ued

pursuant to thi s chapte r eve ry five years. It s hall be the sole responsibil ity of the operator to

s ubmit a written request to the planning commissio n prior to the expiration o eac h five-year

period . Operator s hall provide the planning commission with amp le e viden ce that

compliance is being maintained with the loca l coastal prog ra m and the approved

reclamation p lan for the site . The planning comm ission re tains the right subsequent to

http://www codepublishing com/CA/marinalhtml/Marinal7 /Marina174 1 html 2 /4/2014


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Chapter 17 41 COASTAL ZON ING Page 4 o f

mining perm it review to modify the terms o any mining permit required to assure conti n uing

compliance with the local coastal program. Furthermore, th e p lanning commission may

consider and approve modifications o any mining permits so long as it finds tha t an y such

modification is in compliance with the local coastal program a nd reclamation plan.

c . Review Period Adjustment. It is the intent o the city to review mining permits

concurrent with re viewi ng reclamation plan s , w henever possible , fo r any ind ividua l miningoperation. In order to assure that the city s intent is realized th e plann ing co mmiss ion ma y

permit reasonable adjustments in the timing o mining permit revie w.

d. Permit Limitations . No person who has obtained a legal vested right to conduct a

surface mining operation prior to January 1 , 19 76 shall be req uired to secure a mining

permit pursuant to the pro visions of this chapter so long as such vested right continues ,

provided that no substantial change is made in that operation except in accordance with the

provisions o this chapter .

e . Mining Permit Revocation. Mining permits may be revoked by the planning commission

following a hearing . Operator shall be notified in writing at least ten days prior to suchhearing. Grounds or revocation shall be noncomp liance with the provisions o this cha pter ,

the approved re c lamation p lan , coastal deve lopme nt permit (if applicable) and the loca l

coastal program (i applicable .

f. Notification o State Geologist. The State Geologist shall be notified o the filing of all

permit applications.

g . Periodic Review . This chapter shall be reviewed and re vised , as necessary to ensure

that it is consistent with the state po licy for mined lands recla mat ion and the city s loca l

coastal plan and general plan.

3 . Reporting Provision . In order to establish reference base da ta for the purpose of

determining whether or not any particular mining activity constitutes new mining acti vity and to

monitor shoreline erosion it is required that all operators o exist ing mining operations submit to

the planning department a brief written statement specifying the appro ximate annua l vo lume o

sand being removed and an accurate cronaflex ortho-topographic map, at a scale o one inch

equals two hundred feet with two-foot contour intervals, preferably p repared by a licensed

photog rammetric engineer . All elevations on said map shall be based on city datum. Said maps

may also be prepared by a licensed surveyor or civil enginee r. All areas being mined shall be

clearly and accurately outlined on said topographic map. The information specified abo ve shall

be certi fied for accuracy and be submitted by the operator to the city.

a . Initial Submittal. In itial submittal of the reference base data sha ll be comple ted by

existing operators within six months from the effective date o the ordinance codified in this

chapter.

b . Subsequent Resubmittal. Updated reference base data shall be resubmitted to the

planning department by January 1, 1984 and every January 1st the re afte r.

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Chapter 17 41 COASTAL ZONING Page 7 o f

F Performance Bond. Upon a finding by the planning commission that a supplemental guarantee

for the reclamation o the mined land is necessary, and upon the determination by the city planner of

the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or

other security guarantee conditioned upon the faithful performance o the reclamation plan shall be

filed with the city. Such surety sha ll be executed in favor of the city and rev iewed and revised, as

necessary . Such surety s hall be maintained in an amount to complete the rema ining re cla ma tion o

the site as prescribed in the approved or amended reclamation plan during the succeeding two-yearperiod, or other reasonable term.

G Public Record. Reclamation plans , reports, applications and o ther documents submitted

pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the city

that the release o such informat ion, or part thereof , would reveal production , reserves, or rate o

depletion entitled to protection as proprietary information. The city sha ll identify such proprietary

information as a separate part o each application. A copy o f all permits , reclamation plans , reports ,

applications, and other documents submitted pursuant to this chapter, incl ud ing propr ietary

information , shall be furnished upon request of the district geologist o the State Division of Mines and

Geology by the city. Proprietary information shall be made available to persons other than the mineowner in accordance with Section 2778 , California Surface Mining and Reclamation Act o 1975 .

H. Amendments.

1. Amendments to an approved reclamation plan may be submitted to the city at any time ,

detailing proposed changes from the original plan . Substantial deviat ions from the original plan

shall not be undertaken until such amendment has been filed with, and approved by , the city.

2 . Amendments to an approved reclamation plan sha ll be appro ved by the same p rocedure as

is prescribed for approval o a reclamation plan.

I Variance. Variances from an approved reclamation plan may be allowed upon reques t of the

operator and applicant, i they are not one and the same , upon findings by the planning commission

that each requested variance is necessary to achieve the prescribed or higher use o the reclaimed

land and is consistent w ith the Marina local coastal program .

J Appeal. Any person aggrieved by an act or determination o the planning commission in exercise

of the authority granted herein sha ll have the right to appea l to the city council. Any appeal must be

filed, on forms provided, with in ten working days after the rendition, in writing, o the decision .

K Enforcement. The provisions o this chapter shall be enforced by any authorized membe r of the

planning departmentor

such other persons as ma y be designated by the city council.

L Separability. If any section, subsection, sentence , clause or phrase o th is chapter is for any

reason held to be invalid or unconstitutional by the decision o a court o compe tent ju risdiction , it

shall not affect the remaining portions o this chapter. Ord . 2007-11 3 Exh . A part)) , 2007 )

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EXHIBIT B

orehole Locations

marina planning commission agenda packet 02-06-14

Documents