Chapter 18.145


18.145.010    Purpose.

18.145.020    Establishment and designation.

18.145.030    Proposed uses – Public hearing requirements.

18.145.040    Other required conditions.

18.145.010 Purpose.

The purpose of the (M-R) mineral resources overlay district is to provide for the production and conservation of mineral resources on lands identified in the general plan as having mineral resources of regional significance, and to protect such land from the encroachment of incompatible uses while giving due consideration to environmental, aesthetic, recreational and economic factors. (Ord. 2045 § 118, 9-21-93. 1990 Code § 8-21890.)

18.145.020 Establishment and designation.

(a)    An (M-R) district may be established only in conjunction with other districts. An (MR) district designation shall be combined with whatever other district designation is applicable to the area in which the (M-R) district is established.

(b)    The provisions of this chapter shall apply in an (M-R) district, which district shall also be subject to other provisions of this title, including the provisions applicable to the particular district to which the (M-R) district designation is added and combined; provided, where conflicts between the regulations in this chapter and those in other provisions of this title occur, the regulations in this chapter shall prevail.

(c)    Whenever an (M-R) district is established, any subsequent application to change the district with which the (M-R) district is combined shall not be construed to be an application to eliminate the (M-R) district for the area covered by the application, unless such intent to eliminate the (M-R) district is expressly stated to be part of the application. (Ord. 2045 § 118, 9-21-93. 1990 Code § 8-21891.)

18.145.030 Proposed uses – Public hearing requirements.

(a)    Any proposed use requiring discretionary approval by the city council, planning commission or zoning administrator shall first be required to submit an application for a public hearing before the planning commission to determine the compatibility of the proposed use with future extraction of a mineral resource.

(b)    A statement specifying the reasons for permitting the proposed use shall be prepared by the applicant for such use and distributed to the owners of property within one-half mile of the parcel or parcels on which the proposed use is to be located a minimum of 60 days prior to the public hearing, to provide for public review prior to the public hearing. A copy of the statement shall also be mailed to the State Geologist and State Mines and Geology Board.

(c)    A notice of the public hearing and the availability of the statement specifying reasons for permitting the proposed use shall be published at least once in a newspaper of general circulation, with the publication date commencing the 60-day review period. Notice of public hearing shall also be mailed to owners of property within one-half mile of the parcel or parcels on which the proposed use is to be located.

(d)    The statement specifying the reasons for permitting the proposed use shall take into consideration the importance of the quarrying of the mineral resource in the context of the market region as a whole and not just the city of Fremont’s area of jurisdiction.

(e)    The city shall evaluate comments received and prepare a written response. When the city’s position on the proposed use is in variance with recommendations and objections raised in the comments, the written response shall address in detail why specific comments and suggestions were not accepted. (Ord. 2045 § 118, 9-21-93. 1990 Code § 8-21892.)

18.145.040 Other required conditions.

(a)    The city shall require an environmental impact assessment evaluating impacts on adjacent uses, air quality, wildlife habitat, water supply, seasonal wetlands, scenic routes, streets, recreational open space and any other relevant environmental concerns.

(b)    In evaluating the proposed use, the city shall balance the mineral values against the alternative land uses, other general plan goals and objectives, and environmental impacts, including those listed in subsection (a) of this section.

(c)    Proposals for quarrying or mining mineral resources shall comply with requirements of Chapter 18.150. (Ord. 2045 § 118, 9-21-93. 1990 Code § 8-21893.)