Point San Pedro Rd. Coal. v. Cnty. of Marin

Good Law
245 Cal. Rptr. 3d 580·33 Cal. App. 5th 1074
Court of Appeal of CaliforniaMarch 6, 2019A150002California3,374 words

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…

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