Save Cuyama Valley v. County of Santa Barbara

Good Law
153 Cal. Rptr. 3d 534·2013 Cal. App. LEXIS 109·213 Cal. App. 4th 1059·2013 WL 541581·43 Envtl. L. Rep. (Envtl. Law Inst.) 20031
Court of Appeal of CaliforniaJanuary 10, 2013No. B233318California5,179 words

Opinion

Lead Opinion

Hoffstadt, J.

Plaintiff Save Cuyama Valley (Save Cuyama) appeals from the judgment denying its petition for a writ of mandate. The County of Santa Barbara and its board of supervisors (collectively, the County) granted real party in interest Troesh Materials, Inc. (Troesh), permission to begin sand and gravel mining in the bed of the Cuyama River. Save Cuyama asks us to overturn that decision. Save Cuyama contends that the final revised environmental impact report (Report) that formed the basis for the County’s approval violates the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) in a variety of ways. We reject Save Cuyama’s arguments and affirm the judgment.

FACTS AND PROCEDURAL HISTORY

A. The Diamond Rock Mine Project

Nearly 10 years ago, Troesh applied to the County’s planning and development department for a conditional use permit to begin excavating and *1063 processing sand and gravel in a project called the “Diamond Rock mine.” The mine would be located within the often dry bed of the Cuyama River at a stretch where it is 2,500 feet wide. The mine would excavate approximately 900 feet away from the river’s usual flow, and would process…

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