HomeMy WebLinkAboutMINUTES - 03081994 - 1.56 Y
1. 56 through 1. 57
THE BOARD OF .SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 8, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
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SUBJECT: Correspondence
Item No.
V111.56 LETTER dated February 19, 1994 , from Lance Dow, Vice Chair,
Citizens United, 2232 Concord Drive, Pittsburg 94565, expressing
concern relative to the excavation of earth from the Keller
Canyon Landfill West Buffer Zone and the possible utilization of
this ,material for development.
***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR
1. 57 LETTER dated February 23, 1994, from Glen Williams, Chair,
Keller Canyon Landfill -Local Advisory Committee, advising of its
desire to continue to meet through ' December 1994 , pending the
completion of the Property Valuation Study.
***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR
IT IS BY THE BOARD ORDERED that the recommendations as referenced
(***) are approved.
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cc: Correspondents an action taken and entered on the minutes of the
County Administrator Board of Supe^rv-i�ors o the toshgwun.
ATTESTED:� � q`t I
Community Development PHIL BATCHELOR,Clerk of the Board
of Supervisors an unty Admin' trat1 AA R I is
or
By. puh
Citizens United 2232 Concord Dr. Pittsburg, CA 94565 (510)458-4419
Citizens dedicated to the environment and dealing with environmental health issues
February 19, 1994
Board of Supervisors RECEIVED
651 Pine St.
Martinez, CA 94553 RB 2 3 1994
Tom Powers, Chair
CLERK CONTRAC OSTA CO�SORS
Dear Mr. Powers:
Recently a grading permit has been issued by the Zoning Administrator for the excavation of over 150,000 cubic
yards of earth from the Keller Canyon Landfill buffer zone known as the West Buffer Zone.
The grading permit was granted based on what we believe to be a faulty straight negative declaration of
environmental impacts that addressed none of the important environmental impacts of this massive excavation that
will cross an already heavily traveled Bailey Road.
Citizens United put all of our concerns on the record none of which were adequately addressed in the administrative
zoning hearing, many were not even addressed at all.
As the Board of Supervisors was responsible for issuing the Land Use Permit 2020-89 and ultimately is responsible
for enforcing its provisions we refer the Board to the document placed into the public record by Citizens United on
this excavation.
Most notably we point out to the Board Special Condition of Approval 35.7 of LUP 2020-89 which catagorically states.
This permit authorizes the use of the Keller Canyon Landfill site ONLY for its specified waste disposal uses set forth
in these Conditions of Approval, AND FOR NO OTHER USES. i.e. residential land development and/or improvements,
or to be used as an entity supplying soil or construction material supplies to the construction industry.
The excavation of this fill for a residential,housing development across the road is not allowed under LUP 2020-89.
Nor can this purported use be carried out under the auspices of wildlife habitat enhancement or agricultural purposes
because it is neither.
The excavation is within the Primary Project Site Area. Further evidence of this is a recent letter to Citizens United
by Mr. Charles Zahn, Assistant Director of Community Development which confirmed that the parcel(s) number(s)
covering the excavation site are among the parcel numbers covering parts of the Keller Canyon Landfill site project
which had their Land Conservation contracts (Williamson Act) canceled.
Additionally and ironically one of the primary reasons for approving the Keller Canyon Landfill was that it would
secure a large block of permanent open space and it would not induce residential or commercial real estate
development. Yet here we have the Keller Canyon Landfill site being allowed to become the Contra Costa County
supplier of choice for massive quantities of earthen capping material and construction materials. Its first customer
is a housing development right next to the landfill access road.
Additionally we believe that this excavation makes the Keller Canyon Landfill Company a supplier of soil and it is not
a compatible land use with the surrounding area. In short, this supply of earthen materials for sale or barter makes
the Keller Canyon Landfill Company a manufacturer of soils and construction materials for which they are required to
have a land use permit covering this activity. This is well founded in County policies and ordinances and the
County's General Plan.
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Lastly LUP 2020-89 Contains a Cultural Resources Condition, Condition 28.3
This Condition restricts employee access to the buffer areas and limits that access only to duties associated with
landfill maintenance. As the Keller Canyon Landfill is a corporation this restricts everyone up to the President
of the company from accessing the area where this excavation is proposed. It also restricts any agents or
third parties under their authority to any access unless it is associated with landfill maintenance. Once again,
excavating and removing 150,000 to 200,000 cubic yards of soil for a residential housing development across
the road is hardly landfill maintenance.
If this excavation goes on as planned then Contra Costa County has one more time opened itself up to a land use
lawsuit on several fronts and sets a precedent for others to skirt County policies and ordinances. One wonders why
the Board of Supervisors would place themselves in this position for an issue that doesn't even benefit the
Citizens of Contra Costa County nor has anything to do with waste or County revenues.
We expect the Board of Supervisors to act and make sure either County policies are enforced, a land use permit
covering this activity issued after a full environmental impact review, or the excavation of earth from the Keller
Canyon Landfill site be abandoned.
Sincerely, '
01
L nce J.
ViceChair
cc: Randy Jerome, Senior Planner, City of Pittsburg
Clerk of the Board, CCC
Vic Westman, Chief County Counsel
Dave Hobbs, Asst. to the City Manager, City of Pittsburg