Chapter 18.150

(Q) QUARRY COMBINING DISTRICT

Sections:

18.150.010 Purpose.

18.150.020 Establishment and designation.

– – 18.150.030 Quarry operations Conditional use permit and reclamation plan Required.

18.150.040 Quarry operations – Conditional use permit and reclamation plan – Application procedure – Plans and specifcations.

– – 18.150.050 Quarry operations Conditional use permit and reclamation plan Conditions for quarry operation.

18.150.060 Contract and performance guarantee.

– 18.150.070 Final reclamation plans Subsequent approvals.

The purpose of the (Q) quarry combining district is to provide for establishment of districts in the city which are recognized as potentially or conditionally suitable for quarries and to eliminate or minimize the adverse effects of quarries by regulating the orderly operation of quarries, and assure that the lands quarried are rehabilitated promptly upon completion of quarrying to a condition compatible with land uses indicated on the general plan for the quarried and adjacent lands. The provisions of this chapter shall be applied concurrently with those of Chapter 18.220, and in the event of conflict the provisions of Chapter 18.220 shall prevail. (Ord. 734 § 2; Ord. 2352 § 1, 9-14-99. 1990 Code § 8-21830.)

(a) (Q) districts may be established only in conjunction with other districts. A (Q) designation shall be combined with whatever other district designation is applicable to the area in which a (Q) district is established.

(b) The provisions of this chapter shall apply in a (Q) district, which district shall also be subject to other provisions of this title, including the provisions applicable to the particular district to which the (Q) district designation is added and combined; provided, that where conflict between regulations occurs, the regulations specified in this chapter shall prevail.

(c) Whenever a (Q) district is established, any subsequent application to change the district with which the (Q) district is combined shall not be construed to be an application to eliminate the (Q) district for the area covered by the application, unless such intent to eliminate the (Q) district is expressly stated to be part of the application. (Ord. 734 § 2. 1990 Code § 8-21831.)

No quarry shall operate within a (Q) district unless and until a conditional use permit shall first have been secured therefor pursuant to Chapter 18.230 and until the requirements of Chapter 18.220 have been met. A public hearing shall be held by the planning commission prior to the approval or amendment of any conditional use permit or reclamation plan for a quarry. (Ord. 734 § 2; Ord. 2352 § 2, 9-14-99. 1990 Code § 8-21832.)

(a) Application for a conditional use permit in a (Q) district for a quarry shall be accompanied by the following:

(1) A general development plan illustrating graphically the proposed quarry operation and its eventual effect on the terrain. The general development plan shall be a plan drawn at a scale adequate to show the following:

(A) Proposed land use and circulation when quarrying is completed;

(B) The character of the proposed development by suggesting the distribution of buildings, roads, water and land areas, significant planting areas and other major physical elements; and shall include final proposed contours of the site;

(C) Planning and engineering criteria in report form supporting the proposed plan;

(D) Such other sketches, models, diagrams, which the applicant may wish to provide to support the proposal. In case of a hillside quarry, a threedimensional model may be required by the planning commission.

Such general development plan shall respond to and be guided by the city’s general plan, and no general development plan shall be approved unless the commission finds the plan to be consistent with the city’s general plan; upon approval of the general development plan by the planning commission the specifics of the plan shall be deemed to be a refinement of the general plan;

(2) A soils report prepared by a qualified soils consultant regarding the stability of slopes proposed to be created; provided, however, that the commission may waive the requirement for a soils report when the city engineer reports that in his/her opinion there is sufficient and reliable information available to enable determinations to be made concerning slopes; and provided further, that such proposed slopes shall not exceed the maximums set forth in Section 18.150.050;

(3) Appropriate topographic maps drawn to a scale of one inch equals 100 feet and one inch equals 200 feet with a contour interval of five feet; these maps shall be drawn on linen or mylar suitable for reproduction or overlay purposes;

(4) Appropriate text and specifications setting forth in detail information relevant to the proposed operation which will enable the commission to take action on the application pursuant to this chapter and title;

(5) A cash deposit of $1,000, pursuant to Section 18.150.050(c).

(b) Within 120 days of commission approval of the general development plan, the applicant shall submit a reclamation plan meeting the requirements of this chapter and those of Chapter 18.220. The reclamation plan shall be a refinement of the general development plan and shall respond to any conditions of approval of the general development plan. The plan shall be at a scale of one inch equals 100 feet or such other scale as the city engineer may require and shall:

(1) Be divided into phases not longer than five years each;

(2) Provide technical data and planning criteria in a report form supporting design phasing and related proposals;

(3) Propose appropriate landscaping and planting necessary for the control of erosion and to blend the rehabilitated area with the surrounding nonquarried area;

(4) Provide proposals for future land use and circulation as set forth in the approved general development plan;

(5) Contain existing and proposed topographic information with a contour interval of five feet.

(c) Upon approval of the general development plan and the reclamation plan, the commission may approve the application for the conditional use permit, subject to the requirements of this chapter and title and of Chapter 18.220. (Ord. 734 § 2; Ord. 837 § 1, 5-11-71; Ord. 2352 § 3, 9-14-99; Ord. 5-2008 § 15, 4-1-08; amended during 2012 reformat. 1990 Code § 8-21833.)

(a) The planning commission shall attach appropriate and reasonable conditions to the approval of a conditional use permit for a quarry which will assure the following:

(1) That the quarry premises will be maintained in a neat and orderly manner at all times;

(2) That all over-burden will be removed from the quarry premises or placed at locations at least 250 feet from any dwelling on an adjacent lot or in other suitable places on the quarry premises in such a manner so as not to present an unsightly appearance from beyond the boundaries of the premises;

(3) That the operation of the quarry, including access and haulage roads, shall be conducted and maintained without excessive noise or dust and in such a manner that quarry operations will not adversely affect persons or property in the vicinity;

(4) That surface drainage from such surface slopes as are formed by the quarrying operations will be made in such a manner as to eliminate any reasonable possibility of erosion or other damage to adjacent properties, and neither divert nor concentrate runoff water in other than existing drainage channels; this requirement shall apply to areas within the quarry premises in which the quarry operation is in progress as well as to those in which the operation has been terminated;

(5) That the slopes and setbacks for quarry operations meet the following criteria:

(A) Setback Requirements. No quarrying activity shall occur within 20 feet of any property line of the quarry premises as established by the use permit permitting such quarrying, or within 20 feet of any right-of-way line or potential property line established by immediate possession effected under eminent domain proceedings, unless written consent is granted by the adjacent property owners or condemnor, and provided the planning commission also approves such quarrying closer than such 20-foot requirement.

emises as established by the use permit permitting such quarrying, or within 20 feet of any right-of-way line or potential property line established by immediate possession effected under eminent domain proceedings, unless written consent is granted by the adjacent property owners or condemnor, and provided the planning commission also approves such quarrying closer than such 20-foot requirement.

(B) Slope Requirements. Slopes created by quarrying activity shall commence at the approved setback line. Slopes shall be no steeper than three feet horizontal to one foot vertical; provided, however, that in the case of pit quarries, slopes may be quarried to a maximum of two feet horizontal to one foot vertical with transverse benches 10 feet wide for each 25 feet of vertical descent above any anticipated permanent water surface and may be quarried to provide a slope of two to one maximum below any anticipated water surface; provided, that all proposed slopes (steeper than three to one) shall be specifically recommended by a qualified soils consultant and/or an engineering geologist and city engineer; provided, however, that only the recommendation of the city engineer is required for the slopes steeper than three to one in those cases where adequate soils and/or engineering geology information is readily available to the satisfaction of the city engineer. Determination of the recommended slope for any embankment or cut shall take into consideration the site geology, soil conditions, shear strength of the materials, ground water effects, future use of the area above and below the slope, useful life expectancy of the constructed slope, possible natural causes of instability and any surcharges which exist or are anticipated to exist adjacent to the excavation. All finished slopes in quarries shall be blended with the surrounding unquarried land. Finished slopes in all quarries shall conform to the approved reclamation plan for the quarry. In no case shall the slope be greater than the natural angle of repose of the material, or fail to meet the standards specified above, whichever provides the most gentle slope.

(C) Exceptions.

(i) Working slopes in the interior of a pit quarry need not comply with any specific setback or slope requirements; provided, that the excavation is compatible with the approved reclamation plan;

(ii) Slopes preexisting the use permit application as legal nonconforming uses which are not in conformance with the requirements of this subsection (a)(5) may continue to exist; provided, that any reworking of such slopes shall conform to said requirements, except that minimal modification may be required in order to preclude the continued existence of slopes that the city engineer finds to be a hazard to public safety.

(b) The planning commission may attach regulatory conditions relating to the following when deemed necessary to protect the public health, safety, comfort, convenience or general welfare:

(1) The prohibition or control of the use of explosives in excavation;

(2) The establishment of dates the operation is to commence and to cease;

(3) The establishment of haul routes;

(4) The hours during which quarry operations may be conducted;

(5) The control of spilling of material from trucks onto public streets;

(6) The precautions which must be taken to guide safe traffic movements in and around the quarry operation;

(7) The protection of the underground water percolation and replenishing system;

(8) The landscaping and screening of the quarry premises pursuant to approved plans;

(9) Construction of fencing;

(10) The insuring against liability arising from quarry operations;

(11) Recommendations of the city engineer necessitated by or based upon sound engineering practices;

(12) Replacement or transplanting of trees which are removed by quarry operations;

(13) Other factors and situations applicable to the specific quarry operation.

(c) The community development director shall cause to be made such inspections of quarries as he or she deems necessary, or as required by the planning commission, to determine the conditions which should be imposed with the granting of a conditional use permit for a quarry and to ensure that the terms and provisions of the conditional use permit are being complied with. All inspection services provided for by this section shall be paid for by the applicant or permittee at the actual cost thereof to the city. City inspectors or other officials coming on the property shall leave their names at the applicant’s office and comply with all reasonable safety regulations of the applicant while on the property. As soon as reasonably possible after any such liability has incurred, the applicant or permittee shall be billed for such expense. Payment shall be due within 30 days after billing. The applicant for a conditional use permit for a quarry shall deposit with the city, at the time of application, a prescribed sum as a deposit to ensure payment of inspection fees required herein. This deposit shall be refunded to the applicant when the conditional use permit expires, or is terminated; provided, that all inspection fees have been paid. This deposit shall be available to reimburse the city for any expense incurred in carrying out the required inspections which has not been paid within 30 days after billing the same. The applicant or permittee shall be notified immediately upon the dissemination of the deposit and shall have 30 days thereafter to reinstate the amount of deposit. Failure to so reinstate the deposit shall be considered as an abandonment of any application or a violation of a condition of any conditional use permit as applicable. (Ord. 734 § 2; Ord. 832 § 25, 4-20-71; Ord. 837 § 2, 5-11-71; Ord. 2352 § 4, 9-14-99; Ord. 5-2008 § 15, 4-1-08. 1990 Code § 8-21834.)

(a) Subsequent to final approval of the reclamation plan, but prior to the commencement of each phase of quarry operations, the permittee shall enter into a contract with the city and state of California to provide for the reclamation of the first phase of the quarry operation within five years from the date of commencement of such quarry operation or such date as may be specified in the conditional use permit; provided, that the contract may include a provision for the extension of such completion date. The contract shall be in a form acceptable to the city attorney.

(b) The contract shall be accompanied by a financial guarantee in an amount equal to the estimated cost of each phase of reclamation. Such contract and financial guarantee shall be in conformance with the requirements of Chapter 18.220. (Ord. 734 § 2; Ord. 2352 § 5, 9-14-99. 1990 Code § 8- 21835.)

(a) Not less than six months, or other date considered appropriate by the planning commission at the time the reclamation plan is submitted, prior to completion of quarry operations within an approved phase of the quarry operation, there shall be submitted for commission approval a final reclamation plan. The final reclamation plan shall be a detailed plan drawn to a scale of one inch equals 100 feet or such other scale as the city engineer may require, and shall:

(1) Be in general conformance with the reclamation plan approved in conjunction with the approval of the conditional use permit;

(2) Include a plan for landscaping, irrigation and drainage facilities proposed to be installed;

(3) Contain existing and proposed topographic information with a contour interval of five feet.

The planning commission shall also consider, at such time or at appropriate subsequent intervals, the next phase as affected by the final reclamation of the previous phase, and may attach conditions regarding the preparation of the final reclamation plan for such next phase which appear warranted by knowledge of the actual effect of the quarry operation and the performance of the final reclamation plan for the previous phase.

(b) Upon approval by the commission of the detailed final reclamation plan, the permittee shall proceed with reclamation of the phase where quarrying is complete, and may commence quarrying within the next phase as approved by the planning commission. The permittee shall provide a contract and guarantees for the subsequent phase as specified in Section 18.150.060. Upon completion of reclamation of a phase, the city shall return the financial guarantees previously posted for that phase. Reclamation shall include the grading and shaping of the land, the establishment of finished grades and the installation of landscaping and irrigation facilities necessary to stabilize slopes and control erosion completed in accordance with the approved reclamation plan. (Ord. 734 § 2; Ord. 2352 § 6, 9-14-99; Ord. 5-2008 § 15, 4-1-08. 1990 Code § 8-21836.)

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The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

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