§ 13-118. Minor modifications.

(a)

Minor modifications of an approved mining permit or mining use permit, if required, may be allowed by the Director of Development Services upon request of the operator or applicant, and upon findings by the Director in Section 13-118(c) of this article that each such modification meets the definition of "Minor Modification," as set forth in Section 13-103 of this article, and is consistent with accomplishing the original goals of the approved permit and reclamation plan and achieving the prescribed post-mining use of the reclaimed land. Minor modifications will be more favorably considered if they are for a limited time period and/or serve a public purpose.

(b)

Applications for a minor modification shall be made on a form provided by and filed with the Planning Division.

(c)

Prior to approval of a minor modification, the Director shall make written findings that the minor modification:

(1)

Meets the definition of "Minor Modification," as set forth in Section 13-103 of this article;

(2)

Is consistent with accomplishing the original goals of the approved permit, reclamation plan and the prescribed post-mining use of the reclaimed land; and

(3)

Is not subject to, or is exempt from, the California Environmental Quality Act.

(d)

The Director shall approve, conditionally approve, or deny an application for a minor modification within forty-five (45) days of accepting the application as complete, and give notice by mail of the decision, including any conditions of approval, to the applicant.

(e)

Any person aggrieved by a denial of a proposed minor modification by the Director of Development Services shall have the right to appeal. Upon receipt of a written appeal, the Planning Division shall schedule the appeal for public hearing before the Planning Commission in the same manner as provided in Section 13-110 of this article.

(f)

The Planning Commission, on the basis of evidence submitted at the hearing, and upon findings made based upon such evidence, shall, pursuant to Section 13-110 of this article, approve, conditionally approve or deny the minor modification.

(g)

The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for appeals of use permits in Chapter 24 of this Code.

(h)

Within thirty (30) days of final action, the Director shall send a copy of an approved minor modification to the Department of Conservation.

(Ord. No. 4035, § 2, 10-11-2011)