Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Mining And Land Use topic
No spam. Unsubscribe anytime.
Commission fails to approve three-home plan near quarries after strong opposition from quarry operators and neighbors
Summary
An applicant seeking approval to place three single-family residences (and possible ADUs) on OSRC-designated parcels in southern San Joaquin County did not obtain approval from the Planning Commission after quarry operators and neighbors raised compatibility, CEQA and procedural objections; the commission did not approve the application and the applicant was told he may appeal.
The San Joaquin County Planning Commission did not approve an administrative use permit for construction of three single-family homes (with potential additional accessory dwelling units) on roughly 18.99 acres in an area designated Open Space Resource Conservation (OSRC) and within MRZ-2 mineral resource mapping.
Staff and applicant positions: Staff recommended approval with conditions after reviewing site constraints and deed restrictions. Applicant Roger Towers argued the parcels lack commercial excavation potential (citing past borrow-pit activity, deed restrictions tied to Bureau of Reclamation dispositions, and site soils), said the property is compatible with the county’s zoning when conditioned, and asked the commission to forward findings in his favor.
Opposition: Knife River Construction and CEMEX (Cemex Construction Materials Pacific LLC) — through attorneys — and multiple neighbors opposed the project, arguing the area is a mining district and that placing residences next to active quarry operations is incompatible with county policy and prior board and court decisions. Opponents cited MRZ-2 designation, prior denials and litigation, potential noise, dust and traffic impacts and argued the CEQA exemptions cited by staff may not apply given the mineral resource designation.
Commission action: After extended questioning, presentation and rebuttal, commissioners debated compatibility and CEQA applicability. A motion to approve the application failed to gain the necessary votes; a subsequent motion to deny also failed on roll call, leaving the practical result that the commission did not approve the application. The applicant, Roger Towers, was informed he may appeal the commission’s outcome to the Board of Supervisors.
What was contested: Opponents said previous proceedings and county policy counsel against locating new residences inside an active mineral extraction area; the applicant said deed restrictions and site constraints make commercial excavation infeasible and argued his constitutional property rights to reasonable economic use should be respected. CEMEX and Knife River cited the general plan and zoning consistency standards and argued the CEQA exemptions cited by staff may not apply in an MRZ-2 area.
Next steps: Because the commission did not approve the permit, the applicant may pursue an appeal to the Board of Supervisors.
