City of Ukiah v. County of Mendocino

The question presented in this appeal is whether an environmental impact report (EIR) under the provisions of the California Environmental Quality Act (CEQA) was required before county approval of a reclamation plan submitted by a gravel extracting company. We affirm the judgment for the reasons discussed hereafter.

Facts

Since 1946, real party Ford Gravel Company, Inc., (Ford) has been commercially extracting gravel from the Russian River. In 1956, the Mendocino County Board of Supervisors adopted the county’s first zoning ordinance. The zoning ordinance classified the unincorporated area where Ford’s gravel operations are conducted to require a use permit for “the establishment of . . . [fl] [c]ommercial excavation of natural materials.” (Ord. No. 359, § 3.32.)

In 1964, Ford, which had not previously obtained a use permit for its gravel activities, sought and obtained a use permit for a gravel processing plant. And in 1966, Ford obtained a use permit for a “Redi-mix” batch plant. The permits were issued without conditions or expiration dates.

In 1975, the Legislature enacted the Surface Mining and Reclamation Act (SMARA) regulating surface mining operations. (Pub.…