HomeMy WebLinkAboutMINUTES - 12171991 - X.2 BOARD OF SUPERVISORS -;<')_
FROM: Supervisor Tom Torlakson
Contra
_ Costa
DATE: December 17 , 1991 County
SUBJECT: CONDITIONS OF APPROVAL FOR MARSH CANYON LANDFILL
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION: Consider establishing as the deadline
for meeting conditions of approval requiring property buy-outs to be
when the applicant receives their final regional permits . Refer to
Community Development staff to report to the Internal Operations
Committee and Board of Supervisors regarding the merits of such a
deadline.
BACKGROUND INFORMATION: I believe the Board of Supervisors
needs to clarify the timing of the deadline for compliance with Land
Use Permit Condition 35 (1 ) a. The County should clearly establish a
deadline. It should not be as late as when construction or operations
begin but instead when the regional permits are received and .the site
is finally and truly approved as a landfill.
I
CONTINUED ON ATTACHMENT:_ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON Dpcemher 17, 1991 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT ) 1 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: Dir, -CDD ATTESTED December 17, 1991
County counsel Phil Batchelor,Clerk of the Board of
County Administrator �Ip6fVIS0(Sa(1dCCll( IRIIIt�
Internal Operations Cte. "
M3e2/7•83 BY _ -�. DEPUTY
35. ADDITIONAL CONDITIONS OF APPROVAL
.1 Land Use.
a. The applicant shall put forth a good faith effort to
purchase the four existing properties directly across Marsh
Creek Road from -the project site. A good faith effort shall
be deemed to mean a bona fide offer to purchase the
properties for their fair market value, as such is
determined in an appraisal prepared by a qualified real
estate appraiser acceptable to the County. In the event
that no agreement for the purchase of any of the four
properties is reached by said method, any of the owners of
the four properties may require that their property be
acquired by the County on behalf of the applicant pursuant
to the applicable eminent domain provisions as set forth in
the Code of Civil Procedure including relocation provisions
as set forth in the Government Code. To the extent required
by the County, .the applicant shall enter into an agreement
.with the County to fund all. aspects of the eminent domain
proceedings at the applicant' s sole cost and expense. In
the event that the owner(s) of the four properties are not
satisfied with the final result of the eminent domain
proceedings, the owners may reject the award and retain
their property. Said eminent domain proceedings - shall be
commenced within thirty (30) days written notice to the
County by any of the four property owners with a copy. .of
said notice to the applicant.