17.52.130 Permit—Modifications.
A request for approval of a modification to any approved surface-mining permit or reclamation plan shall be made in accordance with the provisions of this section. A modification under this section means a request for a revised permit or a determination of substantial conformance as further defined herein.
A. Applications. Applications for substantial conformance or a revised permit shall be filed in writing with the city clerk and shall include the following:
1. All information required under this chapter for the filing of a new application for the permit or reclamation plan sought to be modified, unless the requirement is waived by the city clerk;
2. A statement explaining the proposed modification and the reason the modification has been requested;
3. If the application requires a public hearing, a list of names and addresses of all owners of real property located within six hundred feet of the exterior boundaries of the property to be considered and such additional names and addresses required in order to conform with the notification requirements for processing a new surface-mining permit or reclamation plan, as shown on the last equalized assessment roll and any date issued by the county assessor;
4. Such additional information as shall be required by the city clerk.
B. “Substantial conformance” means a request for a nonsubstantial modification of an approved permit or reclamation plan which does not change the original approval or the effect of the approval on surrounding property. Substantial conformance may include, but is not limited to, modifications for upgrading facilities, modifications for compliance with the requirement of other public agencies, modifications necessary to comply with final conditions of approval or modifications to lighting, parking, fencing or landscaping requirements provided such modifications as determined by the city clerk will have no adverse effect upon public health, safety or welfare.
C. “Revised permit” means a modification of a permit or reclamation plan which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in plant capacity, changes resulting in significant adverse effects, expansion in the permitted mining area, changes to the original conditions of approval including extensions to the overall life of the permitted use, and changes in the intensity of use as determined by the city clerk.
D. Actions on applications for substantial conformance or revised permits shall be in accordance with the following procedures:
1. Substantial Conformance. The city clerk shall approve, conditionally approve or disapprove an application for substantial conformance within thirty days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice. The city clerk's determination shall be based upon the standards of this section and those standards set forth in this chapter for the approval of an original application. An application for substantial conformance shall not require a public hearing.
2. Revised Permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit or reclamation plan, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to a new surface-mining permit or reclamation plan.
E. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.
F. Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act. (Ord. 95-01 § 13, 1995)