SR 05:021 - Laserfiche WebLink

12/02~2B04 10:45 5104961366 VOLKER LAkl OFFICES PAGE There is admittedly no ambiguity in Measure D's negative attitude toward quarries, and particularly the Sunol Valley quarry. Measure D finds that quarries "axe massive, ugly and environmentally harmful uses of land" and expresses dislike for the quarry that is the subject of this appeal: "The quarry currently planned by the San Francisco Public Utility Commission in the Sanol area should not be established." But Measure D also states that voter approval is required only for "new" quames not previously "approved" by the County, and the County had issued a mining permit to the contested Sunol. Valley quarry years before passage of Measure D. What, th.on, i.s the electorate's intent? We couclude that the electorate intended a prospective appl.ica~on of Measure D to quarries not previously approved by the County through issuance of a mining permit. The electorate's general statement of opposilSon to quarries, mad. the Sunol Valley quarry in particular, must be reconciled with the inifiative's specific provision limiting application of Measure D to the future approval of quarries. A. 177¢ County " app~'oved" the SunoI Valley quarry by issuing a n~ining permit. Laws do not operate ret~ospectSvely unless the enactors plainly intex~ded them to do so. (Western Security Bank v. Superior Court (1997) 15 Cal.4th 232,243.) Here, Measure D's specific provision governing quarrie~ provide~ no support for a re~xospeCtive application an6, in fact, evinces aa ime~tion that the provision apply prospectively; Policy 144 provides that "no new quarry o~ other open-pit mine may be approvedby the County outside the Urban Growth Boundary, unless approved by the voters of Alameda County." (Italics added.) Measure D also expressly exempts from its operation preexisting legal land. uses and rights to development. SOS conceded in the u-iai court that Measure D is not re~oactive, but argued that the Sunol Valley quarry had not yet been "approved" with.in the meaning of Measure D, despite the Count~,'s issuance of a sm'face mining permit. SO$ renews that argument on appeal..