Point San Pedro Rd. Coal. v. Cnty. of Marin
Opinion
Lead Opinion
Petrou, J.
*1076 Real Party in Interest, San Rafael Rock Quarry Inc. (SRRQ), owns property in the County of Marin (County) on which is situated both a mining operation (Quarry) and a plant that produces asphaltic concrete. In 1982, at the time the Quarry and plant operations became a nonconforming use under the County zoning ordinance, asphaltic concrete was produced on-site by processing mined material from the quarry and imported sand, but no other imported materials were used such as asphalt grindings. In 2013, the County issued a resolution, with an expiration date of October 1, 2015, that granted SRRQ's request to import asphalt grindings to be processed on-site and used in the production of asphaltic concrete (Amendment No. 2). In 2015, the County extended the expiration date of Amendment No. 2 for another two to four years in Resolution No. 2015-108.
*1077 Petitioner, Point San Pedro Road Coalition (Coalition) 1 , filed a petition for a writ of mandate seeking to compel the County to set aside Resolution No. 2015-108 on the ground the importation of asphalt grindings was an impermissible extension, enlargement, or intensification of the Quarry's nonconforming use in violation of the…