SR 05:021 - Laserfiche WebLink

12/02/200~ 10:~5 5~0~9~136~ VOLKER t~W OR,ICES PA6E approved, by ~e County when it issued a surface mining permit in 1994, years before Measure D's 2000 cn~cnn~ ~d ~us is not required to ~ccd~ vote~ Appcll~t SOS disputes ~is conclusion ~d. ~es that Msa$~8 "approved by ~e Co~W' contained ~n Policy 144 mnst bc read ~ conjunction wkh a ~cneral provision on application of th~ initiatiw, which states: ~erc is a l~gsl right to dcvdopm~n~, ~e res~icfions ~d rcqukcmcnts imposed by th~s ord~cc sh~l apply to d~vclopmcnt or proposed d~vcJopmcnt which has not rccd~cd all n.ecess~ discretton~ Couu~ ~d o~er aPProvals ~d pe~its prior to the eff~c~ve date of the ord~ce." SOS maintains d~at a qu~ h~ not receiv~ Coun~ approval within ~e toeing of Policy 144 unless fl~e qu~ h~ received "all uec*ss~ discretion~ CounW other approves ~d pemit~." SOS ac~owledged in the ~ co~ ~at ~e gener~ pro~isio~ is so bro~. ~at it ~g~bly encompasses wi~in its terns Mi approvals ~d pe~.i~s, bo& discr~ion~ ~d ministerial, but SOS offer~ to limi~ ~e provision to discretion~ approvals ~d pemits. SOS's offer is a reco~ihon of the fact ~at a ~ning operation is subject to o~going review, ~nspecfion, ~d approvals to ensue leg~ complimce. As Co~ Plmn~g Depm~ent staff obse~ed in fmd~g Meas~e D inapplicable m fl~e S~ol Valley qu~, "[~u~es ~e long-tern proje~s ~at require periodic reviews approvals of vinous kinds t~ugb.out ~e life of the projec~ generally over a period of decMes, ~ call~ for in the conditions a~acbed to the a~roval of~ S~face M~ing Pemit." If Meas~e D were inte~reted to require voter approvM for eve~ qu~ ouBide the ~b~ zone ~at had not r~eived "all approves ~d pemits," ~en at l~t eight other q~ies would be swept up by Me,me D because all qumes opera~ wi~ conditions a~ached to ~ek pe~t requking ~e approvals. SOS posits a middle ~o~d, where "approval" ~der Policy 144 is read to requke all discretio~ approves ~d pe~its, but not ministerial approvals ~d pemits. SOS ~gues that lhe Sunol Valley qu~' was not "approved" at fl~e time of ~e 5fifiative's effective date, despite phor issmce of a s~ace m~ing pe~k, because several