Point San Pedro Road Coalition v. County of Marin

The Quarry produced alsphaltic concrete from material minded on-site and imported sand, in eastern San Rafael. It became a nonconforming use in 1982, when the property was rezoned for commercial and residential use. In 2010, following environmental review of the Quarry’s operations under the California Environmental Quality Act, the county amended the existing mining permit but expressly prohibited importing “gravel, used asphalt concrete or concrete for recycling, or dredged non-sand material.” In 2013, the Quarry obtained a two-year modification to allow the importation of asphalt grindings to be processed on-site for the production of asphaltic concrete. The superior court dismissed a challenge to the amendment as allowing an increase, enlargement, and/or intensification of the nonconforming use, prohibited by the Marin County Code, for failure to file an administrative appeal with the Mining and Geology Board. The county extended the amendment for two-to-four years. The Mining Board rejected objections. The trial court ordered the county to set aside the amendment. The court of appeal affirmed. The Quarry failed to show that the importation and processing of asphalt grindings is required for, or reasonably related to, the existing nonconforming use or that a denial of the request to do so would restrict a vested right. The activity constitutes an impermissible extension or enlargement of the nonconforming use, prohibited by the zoning ordinance, so the county lacked authority to approve the amendment. View "Point San Pedro Road Coalition v. County of Marin" on Justia Law