Asphalt plant suit goes to court

The long-simmering controversy over a proposed asphalt plant on the Petaluma River across from Shollenberger Park will arrive at another milestone Friday afternoon in Judge Ren?Chouteau's Santa Rosa courtroom.

The six-year battle over the plant has pitted the city of Petaluma and community groups against county officials as opponents have fought every step of a very complex process.

Three of Sonoma County's five supervisors approved the Dutra Haystack Landing Asphalt and Recycling Facility Project last Dec. 14, including Petaluma's then-supervisor Mike Kerns. If the lawsuit is successful and the project is brought back to the board, getting a second approval could prove difficult to the sponsors, the Dutra Group, because two of the three who voted for the project are no longer serving on the board, including Kerns.

Plant opponents include the Petaluma River Council, Madrone Audubon Society, Friends of Shollenberger Park, Moms for Clean Air, Petaluma Tomorrow, David Keller, Andrew Packard, Ryan Phelan, Stewart Brand, Marjorie Helm and the city of Petaluma, whose city council has opposed the project from the start.

They claim the county of Sonoma, the Board of Supervisors and the county's Planning Commission, all violated the California Environmental Quality Act and various state and county planning and zoning laws when they approved the project at various steps in the planning process. The suit asks for injunctive relief that would prohibit development until the county complies with those state laws.

"The public needs to be reminded that the lawsuit is being brought by a coalition of environmental and community organizations, concerned citizens, and the city of Petaluma," Joan Cooper, president of Friends of Shollenberger Park, said. "We all have a stake in preserving our precious park and Petaluma wetlands. We are looking forward to the decision by Judge Choteau."

Petaluma Councilmember Mike Healy has reviewed the briefs submitted by both sides. "The briefs are very lengthy and they discuss numerous complex legal issues in painstaking detail," he said. "I will be very interested to see how Judge Chouteau sorts through these issues." Healy is a practicing attorney in Petaluma.

The city of Petaluma poured hundreds of thousands of dollars into restoring the area across the river from the proposed asphalt plant into a bird sanctuary and restored wetlands over a 15-year period, and does not feel the addition of an asphalt plant is appropriate.

The project would put an asphalt production and aggregate distribution facility on a 38-acre parcel next to Shamrock Materials, across from Shollenberger Park. The plant could annually export up to 225,000 tons of asphalt and 439,175 tons of sand, aggregates and recycled materials, with a peak asphalt production rate of 300 tons per hour. The materials would be poured onto trucks and used for freeway expansion and other roadway projects in the area.

The plant will also have two 62-foot high silos that many feel will adversely impact the local viewshed. Walls will have to be built to hide the piles of sand and aggregate used in the processing of asphalt.

Dutra's approved plans proposed using Shamrock's existing barge off-load site to unload rock material and then truck the material to its own property for processing, but Shamrock said that there was no formal agreement signed between Dutra and Shamrock for use of the site.

The suit claims the county improperly modified the General Plan's land use element and zoning to make the project work.

"We will come in prepared to argue our case and respond to his questions," said former Petaluma city council member David Keller, referring to Judge Chouteau. "This community has continued to step up to the plate over the last three years. They have kept us current with our attorneys. We are proud of our community for its support, strength, and persistence."

Richard Drury, one of the attorneys representing the petitioners, indicated that it can take a couple of weeks after oral argument before a decision is rendered. "So I do not expect we will get a ruling from the bench on Dec. 9, although it is possible," he said.

A spokesperson for the Dutra Group said the company preferred to wait until after the hearing to make any further comments. Sonoma County policy prohibits official comment on pending legal matters.

(Contact Jay Gamel at argus@arguscourier.com)