ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY

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ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY Chris Bazar Agency Director Agenda Item July 10, 2018 224 West Winton Ave Room 110 Hayward, California 94544-1215 phone 510.670.5333 fax 510.670.6374 www.

1 ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY Chris Bazar Agency Director Agenda Item July 10, West Winton Ave Room 110 Hayward, California phone fax June 26, 2018 Honorable Board of Supervisors Administration Building Oakland, California Dear Board Members: SUBJECT: AN URGENCY INTERIM ORDINANCE EXTENDING AND MODIFYING A MORATORIUM ON MORATORIUM ON SOIL AND DEBRIS IMPORTING WITHIN THE AGRICULTURAL DISTRICT AND COMBINING AGRICULTURAL USE DISTRICT OF THE UNINCORPORATED AREAS OF ALAMEDA COUNTY RECOMMENDATION: Adopt an urgency interim ordinance extending and modifying a moratorium on soil and debris importing within the Agricultural District and Combining Agricultural Use District of the unincorporated areas of Alameda County, from the original span of June 5, 2018 through July 20, 2018, to the new expiration date of May 25, DISCUSSION/SUMMARY: On June 5, 2018, the Board adopted an interim ordinance prohibiting the importing of soil onto property within the Agricultural ( A ) District and the Combining Agricultural Use ( L ) District, with certain exemptions as defined in the moratorium (attached). Since that time, staff of the Community Development Agency, the Grading Division of the Public Works Agency, and the Environmental Health Department have met to draft potential updates to the County Ordinance Code to improve regulation of importing of soil and fill. The draft ordinance language is still under development and will require meetings at the Agricultural Advisory Committee, Sunol Citizens Advisory Council, and the Castro Valley Municipal Advisory Council (since they also consider land use issues in the rural Castro Valley canyon lands). Staff will then proceed to the Planning Commission, the Transportation and Planning Committee of the Board of Supervisors, and the full Board to present the resulting ordinance that would regulate soil and fill importing. It is anticipated that the time needed to conduct the community meetings and complete the ordinance process will be several months; therefore, staff recommends that the Board of Supervisors extend the moratorium for the full 10 months and 15 days permitted by state law.

2 Board of Supervisors July 10, 2018 Page 2 The Board has the option to continue/extend the interim moratorium to a two-year maximum, based on state law (Government Code Section 65858). Staff does not believe two years is needed, and is recommending that the moratorium continue for one year only (extending the original 45-day moratorium by 10 months and 15 days to May 25, 2019). This would allow ample time for County staff to bring forward recommendations for Board consideration, and for the pending planning processes to be completed. Staff believes that minor changes to the current moratorium ordinance are necessary to clarify the material being temporarily regulated, and the exemptions that are possible. A proposed ordinance including such modifications is attached for consideration by the Board. One minor modification is replacing the defined term dirt with the term soil, which is a non-substantive change reflected in the title and the body of the ordinance. Another modification is adding the requirement that, to qualify for an exemption, the material to be imported must not pose a material risk to health, safety or the environment. Originally, the moratorium required compliance with all County ordinances generally, but did not include a specific performance standard regarding the content or safety of the imported material. This Ordinance is Categorically Exempt from the California Environmental Quality Act, because there is no possibility that it will have a significant effect on the environment (CEQA Guidelines 15061(b)(3)). FINANCING: There is no net County Cost as a result of this action. Very truly yours, Chris Bazar, Director Community Development Agency cc: Susan S. Muranishi, County Administrator Donna R. Ziegler, County Counsel Steve Manning, Auditor-Controller Stephanie Chan, County Administrator s Office Heather M. Littlejohn, Office of the County Counsel Sandra Rivera, Community Development Agency

Board of Supervisors' Agenda Items

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