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Board upholds zoning-board finding, orders abatement after years-long Fairview soil-import dispute
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Summary
After hours of testimony and competing geotechnical reports, the Alameda County Board of Supervisors on March 5 denied an appeal by the property owner and affirmed West County BZA findings that soil importing and unstable debris exist on a Fairview parcel, directing investigation, testing and abatement.
The Alameda County Board of Supervisors on March 5 voted to deny an appeal by Uvas Court LLC and to affirm prior West County Board of Zoning Adjustments decisions finding violations of the soil-importing ordinance and the neighborhood preservation ordinance for a Fairview property at the end of Uvas Court.
Ed Labayog, the county27s code enforcement manager, walked the board through the administrative record including photographs and videos dated to January–February 2020, inspection findings, the county27s geotechnical peer review (GEI), and the BZA27s prior determinations. Labayog said county review and a GEI peer-review concluded that imported fill and debris (concrete fragments and loose fill) were present and that the administrative process requiring permits, testing and abatement should be followed.
Appellant counsel James Trep told the board the record lacks independent evidence of the scale of truck dumping alleged by complainant witnesses and argued the county27s expert had not accessed the lot for testing. He urged the board to uphold his clients27 November appeal on the soil-import allegation. The appellant introduced a retained geotechnical expert (Mr. Dyckman) who testified the slope has long-standing fill, described earlier erosion from fire-hydrant incidents and advised less-extensive remediation—localized riprap for gullies—rather than full engineered fill.
Complainant witnesses, neighborhood residents and independent consultants presented sworn declarations, photos and engineering reports. Quantum Geotechnical27s Simon Macdessey testified he dug test holes on the Meadows portion of the slope and found two to seven feet of foreign fill with debris and estimated approximately 165 cubic yards of foreign fill within the measured area. Civil engineer Mark Milani testified he observed loosely compacted fill, debris including concrete fragments, and erosion rills and said the slope is unstable and needs remediation. County consultant Craig Hall (GEI) told the board a visual inspection supported the county27s recommendations and that the slope remains unstable and requires mitigation to prevent debris entering Ward Creek.
County counsel advised the board that the administrative standard for the appeal is a preponderance of the evidence. Supervisors asked about available abatement steps; staff said the BZA27s prior order envisions hiring professionals to evaluate stability and contamination and produce an abatement plan for board/agency review.
Supervisor Miley moved and Supervisor Fortunato Bass seconded a motion to uphold the West County BZA decisions, deny the property-owner appeal on both the soil-importing and neighborhood preservation violations, and impose the previously adopted remedies including investigation, testing, reporting and abatement. The motion carried on roll-call (ayes recorded from Supervisors Marquez, Miley, Fortunato Bass and President Halbert; Supervisor Tam was excused).
The board directed staff to pursue the BZA27s remedies: obtain professional evaluations where needed, develop and approve an abatement/stabilization plan and return with status reporting. The record reflects substantial disagreement among retained engineers about the extent and source of fill and the appropriate remediation approach; the board27s decision endorses staff and the BZA27s path to require technical evaluation and abatement rather than closing the enforcement case without further action.
