HomeMy WebLinkAboutDRAFT OPERATIONAL PROCEDURAL GUIDELINES SURFACE MINING AGGREGATE OPERATIONS COMMITTEEn
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DRAFT
OPERATIONAL PROCEDURAL GUIDELINES
SURFACE MINING AGGREGATE OPERATIONS
COMMITTEE
General Obiectives of Committee's Work
1. Section 13-105 hof ,Ordinance' No. adopted by The Board of Supervisors on
October 27, 1993 describes the role and work of the Committee as follows:.
"Upon deeming ,the application. complete, the Planning Division shall send
copies of the mining permit application and reclamation plan to the Director of
Department of Conservation, County .Public Works Department, the Committee
and other responsible agencies. Within- 10 days of the distribution of the
permit application 'and reclamation plan, the Committee shall 'meet to review
and make recommendations to staff. The Planning Division shall be responsible
for developing an agenda and setting the time and- place for the Committee
meeting. The. Planning Division will be responsible for conduction the Initial
Study. to determine. the project's status in respect to the California
Environmental Quality Act, Public Resources Code Section 21000 et. seq."
2. The Committee has technical expertise and experience in surface mining
operations and can provide beneficial guidance .to County staff and applicants
by reviewing and commenting on mining proposals at an early stage of the
project.
Committee Procedures -for Reviewing Planning Aoolications
1. The Development Services Department will set an agenda, time, and place for
a Committee meeting within ten. days of the date an application is determined
to be complete. ' Notice of the meeting will be by mail, and a phone call will be
made to each member. The time of the meeting will be adjusted as necessary
to ensure a. quorum of the Committee is present at each meeting.,
2: The Committee shall meet at least once for each application. If the Committee
determines to hold more than one meeting on each application, the additional.
meetings shall be ' timed so as not to conflict with or delay time limits for
processing of applications as established by State law. Staff will ensure the
Committee is aware of time constraints.,for each application..
Draft Operational Procedural Guidelines
Draft Operational Procedural Guidelines -
Surface,Mining Aggeegate Operations Committee,.
Page 2
3.. Notes or minutes of the Committee meetings will be prepared by staff and will
be. mailed to Committee members following "h i meeting. Committee members
are responsible for, noting any errors in the" minutes or notes and phoning
planning staff or returning a corrected version to the staff within 10 days of the
:meeting: The corrected notes or minutes will ,be treated as part of the.formal.
record .for each application.
4. The Committee may request, but .shall. not'f require additional informatiori be
submitted by, th6_applicant in order, to complete its, review.
5. The'Committee may select a Chair and Vice Chair to serve, and shall determine
the period of time of such ,service. In general,. Committees meetings are to be
informal and subject only to such procedural r"equirements 'deerred by the Chair .
as appropriate to conduct business efficiently and to maintain order.
6. When pending.applications are before the Committee, staff will introduce the
applications, and 'describe the project and then respond to ' any Committee
questions. The Chair will than invite the applicant, if, present, to, explain• the
request and to respond to Committee questions.. The Chair will then lead the
Committee. in a'general discussion*of the application. Staff and applicant will
be invited as•needed by the Chair to participate in the discussion.
7.-Committee recommendations *.will be, made by motion, seconded, and adopted
• by vote of the majority `of the quorum present.
8. Staff willc sides theCommitte`e's comments and recommendations when .
.•preparing the- environmental-documents and staff report. A 'section of-the °
' report to the Planning' .Commission and Board of' Supervisors-will • present the
`r ,Committee's conclusions..'Notes orminutes of the Committee's meetings on
- the application ,will be made a part of the materials sent to the Planning:
` "Commission and Board. `
9. Staff 'Will. make'ublic''notici of meetings.
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i. .. _
• �f. 47,
INTER -DEPARTMENTAL MEMORANDUM
.couNty'
OFFICE OF BUTTE COUNTY COUNSEL
TO: Steve Hackney, Planning Division
BY: Neil H. McCabe, Assistant County Counsel
SUBJECT: Mining Committee
DATE: April .5, 1994
This memo replaces and supersedes my memo to you on this subject dated March 14, 1994. .
.'The Mining Committee was initially established by Ordinance 2003 adopted February 13, 1979. Among other
things, Ordinance -2003 enacted ButwCounty Code Section -13-1,11 which read as follows:
"Section 13411. Establishment of Mining Committee.
A mining committee shall be established witha.member appointed by each supervisor from the aggregate
and mining communityof his district, to serve for a two-year, term. - The committee will act as an
advisory board to. the public works department,. planning commission and the board of supervisors. All
matters pertaining to setting of standards and ordinance modifications regarding surface mining will first
be referred to this Committee for -review and recommendation.
A copy of Ordinance 2003 was enclosed for your information in my previous memo.
On December 18, 1984;, the Board of Supervisors repealed Section 13-111 by Ordinance. No. 2447 (copy
enclosed) and adopted Resolution 84497 .,(copy previously enclosed) which established the "Surface Mining Aggregate
Operations Committee".
In reviewing Resolution 84-197,.1. note`that the second "Whereas" paragraph recites that:
"...the Board has determined a need for an advisory body that will advise them on all matters pertaining
to setting of standards and ordinance. modifications regarding surface mining.''
The ordinance also provides in the "Now Therefore" paragraph, sub -paragraph 3, that:
"3. The. Committee. shall meet=at,such places and times as directed.by the Board -of Supervisors in order
to advise the Board on. questions which said Board directs to the Committee:"
The resolution does not contain any directives that the Committee consider specific projects: Rather, it appears
that what was contemplated was advice on general .matters such as the setting of standards and ordinance modifications
regarding surface mining. However, the Board could give directives. from time to time asking the Committee to advise
it on specific matters. To my, knowledge, the Committee has never had the power to approve or disapprove specific
projects.
Planning Repartmr;nt
Page .1 APR U 6 1994
Orovilie, cidii r€Aa
o ,
The new version of the Sur3'dCe Mining Ordinance (Ordinance 3083, adopted 8/10/93) -makes reference to the
Committee, defining it in Butte; County Code .("BCC") Section 13-102 as the Committee appointed by the Board
pursuant -to Resolution 84-197, and providing as follows in BCC Section 13-105:
"Upon. deeming the application complete, the planning division shallsend copies of the mining permit application
and reclamation
plan• to ...the committee.... Within ten (10) days of"the distribution of the permit application
and reclamation plan, the committee shall meet to review and make recommendations to staff. The
planning division shall be responsible for developing anagenda and setting the time and place for the committee
meeting. The planning division will be responsible for conducting the initial study..."
I also note that BCC Section 13-107 now provides:
".The. planning division shall, upon completion. ofahe review process; schedule the project for public hearing
before.,,.the..planning.,commission do the: same!.manner. :as .;provided .for in section 24-46 .... The planning
commission.::mayapprove,.,,conditionally,approve,'w deny the reclamation plan, financial assurances, mining
permit and/or use permit...."
Although the exact role ,intended for the Committee is not specified in the above provisions, it appears that the
Committee's role is to review the permit application and reclamation -plan and make recommendations to the planning
division staff to be considered as apart of'the staff initial study and review preceding the Planning Commission hearing
and action.
NHM
(hackney2.mem)
Page 2
• =INTER-DEPARTMENTAL-MEMQRAND.UM
• y . *J
• . OFFICE OF, BUTTE COUNTY COUNSEL
TO: Steve Hackney, Planning Division.
BY: _ Neil H. McCabe, Assistant County Counsel '
SUBJECT: Mining Committee -
DATE: March 14, 1994 J—
The Mining Committee was initially established by Ordinance 2003 -adopted February 13; 1979. Among other
things, Ordinance 2003 enacted,Butte County Code Section 13-111 which read as follows:
"Section 13-11 L' Establishment of Mining Committee.
A mi ming`committee shall be established with,a:member appointed by eachsupervisor from the aggregate
and 'mining community of . his district, to serve for a two-year term. The committee will act as an
advisory board to the public works department, planning commission and the board of supervisors. Al
matters=pertaining�t63settingTof standards-xand::-Qrdinanee-modif cations=regarding=surfaceimining:will
�firstabe-ireferredito�this�Commii ee-for review--andmr.ecommendatioa
A copy of. Ordinance 2003 is enclosed for:,your-information.,
On December 18 1984;the Boardmof Super_visorstrepeale`dsSection 13flT11xb-y.=Ordinance-No 12447z(copy
enclosed) and adopted Resolution 84=-1=9-7-(copy. enclosed) which established the "Surface, Mining Aggregate Operations
Committee"
In reviewing. Resolution 84-197,I note that the second "Whereas" paragraph recites that:
- ahe-Board,lias determined,a_need-for an advisoiy-body-that wilhadwise.them,on,all.matter-s-pertaining 4
-to settingofstandards=and=ordinancesmodifications=regardingsurface,inining.,"
The ordinance also provides in the "Now Therefore" paragraph, `sub-paragraph 3, .that:
"I The Committee shall meet at such places and times as directed by the Board. of Supervisors.in order
to-adviseathezB.oardion questions which said Board directs,to the Committee."
The resolutiondoeoe nsot contain an directives that the Committee consider specific projects? Rather, it appears
that what was contemplated was adviceron_general mattersauchas�the=setting`of`standards and`ordinance modification
regarding surface mining. However, the Board could give directives from -time to.time asking.tlie`Committee to advise
it on specific"matters. To *my knowledge, the:Committee=has-never ,,_. the.power_to approve-orTdisapprove specifies
projects.
NHM/slt Planning Department
(hackney.mem)
Enclosures MAR 16 1994
OrovQle, California
• Ordinance No. 2003
AN -URGENCY ORDINANCE AMENDING CHAPTER.13
OF THE BUTTE COUNTY CODE
1 The Board'of Supervisors of the County of Butte, State of
2 California, DO ORDAIN, as follows:
3 Section 1. That §13-104 of Chapter 13 of the Butte.. i
4 County Code is hereby amended'to read as follows:
5 §13-104. Permit and reclamation plan requirement.
g (a) Any person, except as provided in section 2776,
7 California -Surface Mining.and Reclamation Act of 1975, who proposes
8 to engage in:surface mining operations as defined in this article,
9 shall,.prior to the commencement of such operations, obtain (1)
10 a permit to mine, and (2).approval of the reclamation plan, in
11 accordance with the provisions set forth in this article and as
12 further provided in article 5, California Surface Mining and.
13 Reclamation Act -of 1975. A fee in the amount.of twenty-five
14 dollars ($25.00) shall be paid to the public works department at
15 the time of filing. For existing operating mines, a reclamation
16 plan shall be filed by May l-, 1978, for planning.commission
17 review and approval. The reclamation plan shall provide for the
18 reclamation of the area disturbed by surface mining operations in
19 those port,,ions of the site mined after January 1, 1976. A,fee in
20 the amount of twenty-five dollars ($25.00) shall be paid to the
21 public works department at the time of filing of the reclamation
22 plan.
23 All applications for a reclamation plan for surface
" 24 mining or land reclamation projects, shall be made on forms
25 provided by the public works department, and as provided for by
26 section 2772 of the California Surface Mining and Reclamation Act
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of 1975.
(b) No person who has obtained a vested right to
conduct surface mining operations prior to January 1, 1976, shall
be required to secure'a permit pursuant to the provisions of this
article as long as such vested right continues; provided that no
substantial change is made in that operation except-in.accordance..�'
with the provisions of this article. A person shall be deemed -to
have such vested rights, if, prior to January 1, 1976, he has, in
good faith and in reliance upon a.permit or other authorization,
if such -permit or other authorization was required, diligently.
commenced surface mining operations and incurred substantial
liabilities for work and materials necessary therefor. Expenses
incurred in obtaining theenactment an ordinance in relation to
a particular operation or -the issuance of a permit shall not be
deemed liabilities for work -or materials.
A person who has obtained a vested right to conduct
surface mining operations.prior to January 1, 1976, shall submit -
to the. planning commission by May 1, 1978, a reclamation plan for
operations to -be conducted after January 1, 1976, unless a
reclamation plan was approved by the County of Butte prior to
January 1, 1976, and the person submitting that.plan has accepted
responsibility for reclaiming the mined lands in accordance with
that plan. Nothing in this article shall be construed as requiring
the filing of a reclamation plan.for, or the reclamation of, mined
lands on which surface mining operations were conducted prior to
January 1, 1976.
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(c) The state geologist shall be notified of the
filing of all permit applications.
.(d) This article shall be reviewed.annually and
revised, as necessary, in order to ensure that it in accordance
with..the.state policy for mined lands reclamation.and to encourage
the. -mining; industry of Butte -'County..
Section 2. That §13-105 of Chapter l3 of the Butte
County Code is hereby amended -.to read as follows:
§13-105. Application; review procedure. The
planning commission shall,.in the same manner as provided for in
section 24-46 of Chapter ---24 of this Code, schedule a public hearing
within.twenty (20) days of the completion of the environmental
review procedure and filing of all documents as required by the
county public works department.
The planning commission, on the basis of evidence
submitted at the hearing, may approve the reclamation plan and
grant -:.the mining permit.
The determination of the planning commission shall
be final unless a written appeal is filed in the same manner as
provided for in section 24 -48 -of. Chapter 24 of this Code.
Section 3. That §13-106 of Chapter 13'of the Butte
County Code is hereby amended to read as follows:
§13-106. Performance bond or other security device.
Upon a finding.by the planning commission that a
supplemental guarantee for the reclamation of the mined land is
necessary and upon the determination by the public works department
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of the cost of the reclamation of the mined land according to the
reclamation plan, a reasonable surety bond,, lien on the property
or a portion thereof, or other security guarantee conditions upon
the faithful performance of the reclamation plan shall be filed
with the public works department.' Such surety shall be'executed,'
.in.'favor _of the County of Butte' -and reviewed and revised;
necessary, biannually: Such surety shall be maintained in.an
amount equal to the cost of completing the remaining reclamation
of.the.site as prescribed -in the approved or amended reclamation
Plan during the succeeding two-year period or other reasonable
term.
Section 4. That §13-110 of Chapter.. -1.3 of the Butte
County Code is hereby amended to read as follows:
§13-110. Amendments.
Amendments to an approved reclamation plan may be
submitted to the planning commission any time., detailing' proposed.
changes from the original plan. Substantial deviations from the
.original. -plan :sh' not be undertaken until such amendment has.;beenl
filed with, and approved by the planning commission. The planning:)
commission shall set a public hearing in the same manner as is
provided for in section 13-105.
.`Section 5. That §13-111 of Chapter 13 of the Butte
County Code is hereby.amended to read as follows:
§13-111. Establishment of mining committee.
A mining committee shall be established with a
member appointed by each supervisor from the aggregate and mining
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1 community of his district, to serve for a two-year term.. The
2 committee will act as an advisor_y=bo_ar_d_to the public works depart-
_ went, planning commission and the board of-.supervisors. All
4 matters pertaining to seting of.standards and ordinance modifica-
5 tions regarding surface mining will first be..referred to this
6_ committee for rev and recommendation
7 Section_. 6.."That §13-112 of Chapter. 13 of the Butte.
8 County Code is hereby amended to.read as follows:
9 §13-112. Enforcement.
10 The provisions of this article shall be enforced by"
11 the public works director or any authorized member of the public
12 works department.. The public works director may suspend the permit
13 for a period not to -exceed-fifteen (15). days where continuation of
14 the violation will adversely affect the public;.provided, however,."
15 written notification shall have previously been sent. to. the
16 operator. In.the event of a suspension, or should the public works
17. director.request disciplinary action, the planning commission" shall
18 immediately..s'et a hearing "thereon with not less than five (5)-days'
19 notice to the operator.. The planning commission, after completion
20 of the hearing, may-suspend or revoke the permit-, or modify the
21 permit, or may place the operator on_probation should the violation
22 found to exist be of a serious nature, adversely affecting the'
23 health.and welfare of-the residents of the county...
24 S"ection 7. That §13-113 'of Chapter 13.of the Butte-.
25. County Code is hereby amended to read as follows:
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1 §13-113. Appeal.
2 Any person aggrieved by an actor determination of
3 public works or the planning commission in the exercise of the
4 authority granted herein shall have the right.to appeal to the
.5 board of supervisors. Any appeal must be fil.ed,.,on forms provided,
6 within twenty (20)•days after the rendition, in writing, of:the;
7 decision, by the public works.director or the planning commission.`
8 Said ,appeal shall be conducted in the same manner_ as provided for
9in section -13-105.
10 Section 8.' This urgency ordinance shall.take effect
11 immediately upon its passage-, and -before -the expiration of fifteen
12 (15) days -after its passage shall be published once with the names
13 of the members of the Board of Supervisors.voting for and against
14 the same in the OroviIIe Mercury .. a newspaper. in . general
15 circulation in the County.of Butte, State of California. The
16 facts constituting the urgency on which this ordinance is based
17. are:
-. 18 1. The Board of Zoning Adjustment has been, abolished
19. by Butte County Ordinance No. 1997,. effective February 21, .1979.
20 2. The usual 30 daytime period for an ordinance to
21 take effect would result in a lapse of time before the Planning
22 Commission assumes the duties and responsibilities of the Board
23 of Zoning Adjustment, causing.delays and undue har:dship.to`the
24 public in -that no mining permits could be heard and approved until
25 the ordinance be'came.effective.
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1 PASSED AND ADOPTED by the Butte'County Board of
. 1979, by the
2 Supervisors this'' 13th dayof ' . February
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Ordinance No. 2447
AN ORDINANCE REPEALING SECTION 13-111
OF THE BUTTE COUNTY CODE
RELATIVE TO ESTABLISHMENT OF MINING COMMITTEE
The Board of Supervisors of the County of Butte, State of
California, DO ORDAIN, as follows:
Section 1. That Section 13-111 of the Butte County Code is hereby
repealed.
Section 2. This ordinance is hereby and it is declared to be in
full force and effect from and after thirty (30) days after the date of its
passage, and before the expiration of fifteen (15) days after its wpassage,
this ordinance shall be published once with the names of the members of the
Board of Supervisors voting for and against it in the Orovill a Mercury, a
newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 18th day of December, 1984, by the
following vote:
-AY ES: -Supervisors Dolan, Fulton, Moseley, Wheeler and
Chairman Saraceni
NOES • None
ABSENT: None
NOT VOTING:. None
AL SARACENI, CIVairman of the
Butte County Board of Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and Clprk of the: Board
a
RESOLUTION ESTABLISHING THE SURFACE MINING
AGGREGATE OPERATIONS COMMITTEE
WHEREAS, Chapter 13.of the Butte County Code provides for a
comprehensive surface mining and reclamation policy; and
WHEREAS, the hoard has determined.a need for. an advisory
body that will advise them on all matters pertaining to setting of
standards:and ordinance modifications regarding surface mining.
NOW, THEREFORE BE IT RESOLVED that this Board hereby
i
establishes the "Surface Mining Aggregate Operations Committee";
1. Said committee shall consist of five members. Each
Board member will nominate one member to the committee; however, all
members shall be appointed by the Board of Supervisors. Terms of
appointment- shall coincide with the elective term of the nominating
supervisor.
2. The County Public Works Director, or his authorized
representative, shall provide staff support for the committee.
3. The committee shall meet at such places and times as
directed by the Board of Supervisors fn order to.advise the Board on
the questions which said Board directs to.the-committee.
PASSED AND ADOPTED by the Butte County Board of Supervisors
this 18th day of December, 1984 by the 'following vote:
AYES: Supervisors Dolan, Fulton, Moseley, Wheeler and
Chairman Saraceni
NOES: None
ABSENT: None
NOT VOTING: None
1
AL SARACENI, Chairman
Butte County Board of Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative Officer
and Clerk of the oard of Supervisors
By/ i,:
l G
MEMORANDUM
TO: _Butte County 'Surface Mining" Aggregate Operations
Committee
FROM: Stephen. Hackney, Associate Planner, Department of
Development Services, Planning Division
'SUBJECT: Mining-Use Permit and Reclamation Plan for Green Rock
Quarry F.
DATE: February 9, 19.94
You have recently;received,a revised application for modification
and"expansion of-.Green Rock Quarry Mining Permit and Reclamation
Plan. The projeci is'located off Coal Canyon Road, east of Hwy 70.
Pursuant to the'Mining Ordinance, a meeting has been scheduled for
March 7, 1994 at"9:30 am-in the. Data Processing Conference Room
(1 County. Center Drive),.
If you have any q-aestions, please call me at 538-7601 between 8:00
a.m. and 4.:00 p.n.'Monday "through Thursday.
Thank you.
Sincerely,
a
Stephen Hackney.
Associate.Planner.
u t INTER -DEPARTMENTAL MEMORANDUM
OFFICE OF BUTTE COUNTY COUNSEL
OVN�1
TO: Bill Farrel, Development Services Director
Barry Hogan, • Planning Division Manager
BY: Neil H. McCabe, Assistant County Counsel
SUBJECT: Continuation/Expansion of Non -Conforming Mining Uses
DATE: January 29, 1996
JAN 1 1996
Oroviis,
Development Services
F E 8 0 1 1996
Oroville, California
In an opinion filed January 8, 1996, the.California Supreme Court ruled, in the case of Hansen
Brothers Enterprises v Board of Supervisors of Nevada County, et al.. 96 Daily Journal D.A.R. 300, tit
the Hansen Brothers had a right to continue a non -conforming aggregate business operated by its
predecessors in 1954 when Nevada County adopted a Zoning Ordinance excluding mining from the
permissible uses.
Hansen Brothers had applied to Nevada County for approval of a reclamation plan pursuant to
SMARA and. the Nevada County Ordinance enacted pursuant thereto. Hansen Brothers had not applied
for a mining or use permit, asserting instead a vested• right to continue the non -conforming use.
The mining operation had involved river extraction and, to a much lesser degree, hillside quarrying.
The County took the position that those . two aspects of the operation should be viewed separately and
concluded that Hansen Brothers had discontinued and thereby lost any vested, non -conforming use status
as to the hillside quarrying. The County had also concluded that even if Hansen Brothers had a vested
right to quarry the hillside, the proposed excavation would be a prohibited intensification of the non-
conforming use. The County did not contest the right of Hansen Brothers to continue excavating from
the river; however, a dam upstream had. cut off the replenishment of aggregate materials, and the
reclamation plan did not propose continued river bed excavation.
The trial court denied relief to Hansen Brothers, and the Court of Appeal affirmed the trial court
judgment. However, the Supreme Court reversed the Court of Appeal judgment.
In reaching its decision, the Supreme Court made two important pronouncements: that the
"diminishing asset doctrine" is recognized in California: and that all aspects of a 'non -conforming
operation that were integral parts of the business, including mining, quarrying, processing, storing, selling
and trucking aggregate must be considered in determining whether the use has been discontinued.
Although there was evidence that some aspects of the business had been discontinued or only performed
intermittently, other portions remained 'in operation. The court concluded that. consistent_ with
diminishing asset doctrine applicable to extractive operations the right of normal expansion of a non -
1
cor,fOs`�rinQ use extended into all areas of the property! owned at the time the restrictive Zoning
Ordinance was adopted and into which'the owners had then objectively manifested an intent to mine in
the future. I The Supreme Court concluded there was insufficient evidence to determine the extent of that
area; thus, the trial court was directed to hold further proceedings on that issue. (A request for re -hearing
is pending on the issue whether the further proceedings should be held by the trial court or by the Board
of Supervisors, and the decision is therefore not final.)
In its decision, the Supreme Court distinguished mining uses from other uses which operate within
an existing structure or boundary. The court pointed out that mining uses anticipate extension of mining
into areas of the property that were not being exploited at the time a zoning change caused the use to
be non -conforming. At page 306, the court stated.
".When a mining or quarrying operation is a lawful non -conforming use, progression ' of the
mining or quarrying activity into other areas of the property is not necessarily a prohibited
expansion or change of location of the non -conforming use. When there is objective
evidence of the owner's intent to expand a mining_ operation. and that intent existed at the
time of the zoning change the use may expand into the contemplated area." (emphasis
added)
The Court also pointed out the "general.rule that an increase in business volume alone is not an
expansion of an non -conforming use. Page 315.
Four opinions were .written in the case: a "plurality" decision by Justice Baxter and concurred
in by Chief Justice Lucas and Justice Arabian; a concurring opinion by Justice Werdegar, which was also
signed by Chief Justice Lucas; a dissenting opinion by Justice Moss; and a dissenting opinion by Justice
Kennard which was also signed by Justice George..
The dissent by Justice Mosk pointed out that there was substantial evidence to support the
Superior Court's findings of..abandonment of the hillside quarrying operation and a proposed intensified
use in violation of settled legal principles.
4
The dissent by Justice Kennard took the position that the riverbed .operation and the hillside
quarrying operation were separate and distinct, that the proposed reclamation plan indicated that the
riverbed operation would no longer be conducted, and that the proposed hillside quarrying sought to
remove rock from the hillsides at a rate as much "as 250 times greater than in the past! Justice Kennard
concluded that such an intensification was beyond the scope of the non -conforming use.
NHM/slt
farrel6. mem
IN
0
RESOLUTION ESTABLISHING THE SURFACE MINING
AGGREGATE OPERATIONS COMMITTEE
NOV 3 0 1992
WHEREAS, Chapter 13 of the Butte County Code provides for a
comprehensive surface mining and reclamation policy; and
WHEREAS, the Board has determined a need for an advisory
body that will advise them on all matters, pertaining to setting of
standards and ordinance modifications regarding surface mining.
NOW, THEREFORE BE IT RESOLVED that this Board hereby
establishes the "Surface Mining Aggregate Operations Committee";
1. Said committee shall consist of .five members. Each
Board member will nominate one member to the committee; however, all
members shall be appointed by the Board of Supervisors. Terms of
appointment shall coincide with the elective term of the nominating
supervisor.
2. The County Public Works Director, or his authorized
representative, shall provide staff support for the committee.
.3. The committee shall meet at such places and times as
directed by the Board of Supervisors in order to advise the Board on
the questions which said Board directs to the committee.
PASSED AND ADOPTED by the.Butte County Board of Supervisors
this 18th day of December, 1984 by the following vote:
AYES: Supervisors Dolan, Fulton, Moseley, Wheeler and
Chairman Saraceni
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST:
.s�%Cl��� .
AI_ SARACEN -, Chairman
Butte County Board of Supervisors
MARTIN J. NICHOLS, Chief Administrative Officer
and Clerk of the oard of Supervisors
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