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A. Conditional Use Permit Approvals. In addition to the findings required by CVMC 19.14.080, conditional use permit approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

B. Reclamation Plan Approvals. In addition to the findings required by the City for the conditional use permit, approvals for reclamation plans for surface mining operations shall include the following findings:

1. That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions, and with applicable requirements of state regulations (CCR Sections 3500 through 3505, and Sections 3700 through 3713).

2. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter, the City’s General Plan and any applicable resource plan or element.

3. That the reclamation plan has been reviewed pursuant to CEQA and the City’s environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible as determined the CEQA document either through adoption of mitigation measures or a statement of overriding considerations.

4. That the land and/or resources to be reclaimed will be restored to a condition that is compatible with, and blends in with, the existing surrounding natural environment, topography, and other resources or land uses. If the City determines that on-site restoration is not feasible, suitable off-site lands may be set aside to compensate for related disturbance to resource values.

5. That the reclamation plan will restore the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the General Plan and multiple species conservation program (MSCP).

6. That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the City’s position is at variance with the recommendations and objections raised by the state, said response shall address, in detail, why specific comments and suggestions were not accepted. (Ord. 2921 § 3, 2003).