ACTION ALERT!
The San Luis Obispo County Board of Supervisors is hearing a request from planning staff to clarify the intent of a section of the Land Use Ordinance governing asphalt manufacturing. Please review the information below and then attend the hearing Tuesday, March 9 at about 10:00 AM, or write the Board.
Board of Supervisors Contact Page
BACKGROUND
La Pilitas Resources LLC and Mr. Dan Oster, have applied for a Conditional Use Permit to operate an aggregate quarry, asphalt and concrete recycling and Asphalt production facility at 6660 Calf Canyon Highway (located at Highway 58 and the Salinas River Bridge).
PROJECT DESCRIPTION
According to the application, Hot Mix Asphalt will be manufactured on site and shipped to job sites. This is among other uses, but the above use is of most importance at this time.
IS THIS PROPERTY ZONED FOR ASPHALT PRODUCTION?
According to the Land Use Ordinance Section 22.06.030 Table 2-2. Paving Materials production may occur on Rural Lands and Ag Lands if it is “...limited to manufacturing operations for which the raw materials are extracted on-site.” (Table 2-2 footnote 6). The production of Hot Mix Asphalt does not conform to the restrictions in Table 2-2 which requires the raw materials to be extracted on-site. Raw materials for the production of Hot Mix Asphalt include Asphaltic Oil petroleum hydrocarbon and hydrated lime, among other components. These components are not found on the site in question.
PLANNING COMMISSION ACTION
On February 11, 2010, the Planning Commission ruled on a request for clarification of the Table 2-2. A planning staffer had insinuated himself into the process by suggesting that the language be changed to allow 20% of the materials to come from off-site. The Planning Commission rejected that suggestion and ratified the obvious -- that when the language says "materials" it means all materials.
At the same meeting, County Counsel muddied the waters further by suggesting that the Commission twist the meaning of the phrase, "raw materials," and define it to mean unprocessed materials. This goes against common dictionary and trade definitions and gives the appearance that Counsel wishes to do any injury necessary to the English language to facilitate one applicant.
BOARD OF SUPERVISORS
On March 9, at about 10:00 AM, the Board will decide on the semantic issues described above. We believe that the intent of the LUO is clear: Asphalt production is an allowed use only if 100% OF THE RAW MATERIALS USED FOR PRODUCTION ARE EXTRACTED ON-SITE.
ACTION REQUEST
Please attend this meeting and speak against any modification to the intent and meaning of the LUO, and/or write the Board. Contact link is above.