Fairview Neighbors v. County of Ventura

J.*Fairview Neighbors and Tom Schleve (Fairview) appeal from the order of the trial court denying their petition for writ of administrative mandate. Fairview challenges the approval by respondent, the Ventura County (County) Board of Supervisors (Board), of the conditional use permit (CUP) to expand the mining operation of real party and respondent, Southdown, Inc., doing business as Transit Mixed Concrete Company (TMC), in rural Moorpark.

Fairview argues that the environmental impact report (EIR) violates the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) by falsely stating that truck traffic under the “existing setting” would consist of 810 trips daily, and by speculating about air pollution, noise and biological impacts which would be created by the operation. Fairview contends that the analysis in the EIR of cumulative impacts is inadequate, and that the Board’s approval of cement and asphalt manufacturing is inconsistent with the County’s general plan. We affirm the order of the trial court. ¡

Facts

The project site has been mined since 1948. The mine supplies construction grade materials for building in the County. In 1961, the…