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Board upholds code enforcement findings at Uvas Court, denies appeals and orders investigation and abatement
Summary
After a multi-hour reconsideration hearing, the Alameda County Board of Supervisors on March 5 denied appeals and upheld West County BZA findings that a Fairview-area lot at 25550 Uvas Court violated the soil importation and neighborhood preservation ordinances; the board directed investigation, testing and abatement work and required the property owner to comply with BZA remedies.
The Alameda County Board of Supervisors denied appeals and upheld the West County Board of Zoning Adjustments' findings that a property at 25550 Uvas Court violated county ordinances governing soil importation and neighborhood preservation.
Ed Labayog, Alameda County code enforcement manager for unincorporated areas, told the board staff's investigation and a county-hired geotechnical peer review "confirmed the violations," saying that visual inspections, dated photos and consultant findings supported enforcement even though the county consultant did not determine an exact quantity and location of imported fill.
Appellant counsel James Trep argued the record relied primarily on one complainant and that county evidence lacked direct physical proof such as truck receipts or driver testimony. Trep said, "This has been going on for 6 years... All of the evidence that the county has relied on has come from him," urging the board to uphold the prior decision that had granted the appeal on the soil-importation count. The appellant also presented geotechnical testimony suggesting the slope included historic fill and that the slope could be addressed without full reconstruction.
County experts and independent consultants countered that visual observations, dated imagery and geotechnical findings showed foreign fill, debris (concrete and construction waste) and unstable loose material on the slope that threatened Ward Creek. GEI geotechnical engineer Craig Hall said his on-site observations supported mitigation recommendations; licensed engineer Simon Macdessey and others produced test-hole and professional assessments estimating foreign fill and describing erosion gullies.
Members of the public and several professional witnesses provided sworn declarations, photos and video metadata documenting truck activity in late 2019 and early 2020; others disputed some eyewitness accounts and raised concerns about neighborhood tensions.
After oral argument and deliberation, Supervisor Miley moved to "uphold the West County Board of Zoning Adjustments decision and deny the appeal" and to impose the BZA's remedy including investigation, reporting, testing and abatement. Supervisor Fortunato Bass seconded. The motion passed on roll call (Supervisor Marquez Aye; Supervisor Tam excused; Supervisor Miley Aye; Supervisor Fortunato Bass Aye; President Halbert Aye).
What the board ordered: The decision directs the property owner to comply with the West County BZA actions, including engineering evaluation, abatement planning and remediation steps; staff will pursue the investigation, testing and an abatement plan consistent with BZA procedures.
