HomeMy WebLinkAboutMINUTES - 09251990 - S.2 TO: BOARD OF SUPERVISORS
Contra
FROM:
Supervisor Tom Torlakson Costa
DATE: September 25, 1990 County
SUBJECT: INVESTIGATION OF COMPLIANCE WITH CONDITIONS OF APPROVAL
FOR CLAYTON VALLEY FARMS DEVELOPMENT (S/D 7023, LUP
2071-87)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION: Direct County Administrator's
office to conduct and coordinate with Community Development
and Building Inspection Departments an immediate and full
scale investigation of alleged violations of conditions of
approval for the Clayton Valley Farms development. A site
visit should be conducted to determine if applicant is
adhering to approval conditions . In addition, conditions
placed on all associated permits issued should be checked to
determine that no conflict exists between permit conditions
and approval conditions .
The investigation should include the applicability of
Heritage Tree ordinance on oak trees located on the project
site. It should be determined if a requirement exists for
.special permits related to tree removal or placement of
structures near trees, and if applicable, determine if
applicant has obtained them.
If initial investigations reveal that conditions of
approval are indeed being violated, a stop-work should be
placed on the entire development until a full investigation
has been completed. In addition, the owner should be
required to post a bond and/or pay appropriate fines for
each violation.
BACKGROUND INFORMATION: The land use permit for
Clayton Valley Farms was originally approved by the Zoning
Administrator. This approval was appealed by Save Mount
Diablo. Subsequently, the Planning Commission worked
closely with the applicant, Save Mount Diablo and the
neighbors adjacent to the proposed development to develop
mitigations for the proposed project that would be
acceptable to all parties . A major compromise was the
retainment of the meadow area as open space. The placement
of a racetrack, and the associated cut and fill in this
meadow area, appears to be a blatent violation of the
conditions of approval . My office has been contacted by
Save Mount Diablo and by several neighbors of the area
objecting to the destruction of the meadow. It also appears
that the siting of several of the homes have been placed in
highly visible areas, and are graded to the trunks of old
oak trees . In addition, both Save Mount 'Diablo and the
adjacent neighbors have noted that despite repeated requests
(and assurance by County staff) , they have not been noticed
during the various permit stages as promised. .----
CONTINUED ON ATTACHMENT:_!__ YES SIGNATURE: 16�7q/L,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON September 25, 1990 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT — ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: _ NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE
/DATE )SHOWN.
CC: County Administrator ATTESTED ^ 03f 1990
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CommuniDevelopment-.-- __--_ -_-- ------ F{lil aslclielor, Cle(k of the (Jo'l(11 of
Building Inspection _ Superuisms and County AdIninistratur
M382/7.83 BY DEPUTY