Save Our Uniquely Rural v. County of San Bernardino

Good Law
Court of Appeal of CaliforniaApril 13, 2015E059524California4,407 words

Opinion

Opinion

BACKGROUND

Respondent and real party in interest Al-Nur Islamic Center is a nonprofit

religious organization which intended to erect an Islamic community center and mosque

in a residential neighborhood in an unincorporated area of San Bernardino County. The

project was to include a 7,512-square-foot structure on 1.54 acres. The maximum

occupancy of the structure was to be 262 people. SOURCE is an organization of

individuals who opposed Al-Nur’s plans based on the negative environmental impact the

opponents believed the project would have on the neighborhood. Following a study of

the environmental impact of the proposed project, the San Bernardino County Planning

Commission adopted a mitigated negative declaration (MND) and issued a conditional

use permit (CUP) for the project. SOURCE appealed to the San Bernardino County

Board of Supervisors. After hearing testimony, the board of supervisors denied the

appeal. SOURCE then filed a combined petition for writ of mandate and complaint for

2 injunctive relief. The complaint/petition alleged multiple violations of CEQA and of

local zoning ordinances, all of which had been presented to the board of supervisors.

Following…

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