(1990) 225 Cal.App.3d 872

The Court of Appeal upheld the decision of a county board of supervisors requiring an EIR for a use permit for exploratory drilling for gold. The applicant had filed suit demanding that the permit be issued based on a mitigated negative declaration, as recommended by planning department staff. The applicant argued that the county could not require an EIR because, during previous administrative proceedings relating to the same property, the county had approved a similar conditional use permit based on a mitigated negative declaration. In requiring an EIR, the board of supervisors had relied principally on evidence submitted by the neighbors regarding traffic, dust, and noise. [RMM Counsel of record: Tina A. Thomas and James G. Moose]