Requirements of Respondents

The 1999-2000 Grand Jury report states, “The error which led to the issuance of the permit for this building represents a failure of local government to protect the interests of both property owners and their neighbors by maintaining and enforcing reasonable building requirements.” However, the property owner applied for and received all necessary building permits, and built the structure in accordance with them.

The Planning Department has acknowledged that errors were made in the permit process and has agreed to more strictly adhere to local government building codes. The Planning Department attempted to appease the complainants by offering to landscape the property to improve its aesthetics. The Building Inspector requested the owner determine the cost of removing 15 feet of the building covering the front easement encroachment. The owner of the structure has not cooperated with either suggestion.

The Board of Supervisors should institute Review Standards for Code Compliance as soon as possible to ensure fairness and protect neighborhoods as well as the County. 22

The Calaveras County Planning Variance Request Application form should be changed to reflect that a public hearing and notification does not apply to all variance requests. RESPONSE REQUESTED Board of Supervisors Planning Commission Calaveras County Planning Department 23 PERFORMING ANIMALS WELFARE SOCIETY (PAWS) ARC 2000 REASON FOR INVESTIGATION A complaint was made against the Calaveras County Planning Department regarding its oversight and review of the PAWS Arc 2000 project. The Performing Animal Welfare Society is an organization dedicated to the health and welfare of abused, neglected and retired exotic animals. This non-profit organization owns a 2,800-acre parcel located near San Andreas. The facility is designed to replicate the animals’ natural habitat. The complainant states that Arc 2000 failed to meet conditions set forth in the Conditional Use Permit (CUP) and the Planning Department failed to adequately monitor the project. There were five alleged violations cited in the complaint: 1. Development is within the 100-foot non-development buffer zone. 2. A river crossing was created without required streambed alteration permits. 3. There is inadequate inclusive fencing. 4. Roadways within the project do not meet CUP specifications. 5. The Planning Department staff provided false information to the Calaveras County Board of Supervisors. PROCEDURES The Grand Jury reviewed documentation from the Planning Department, and maps and aerial photographs of the above-mentioned property and adjoining parcels. The Grand Jury interviewed the director and staff of PAWS and toured the grounds of the San Andreas site. FINDINGS 1. The Conditional Use Permit states that no development can occur within the buffer zone. This issue was addressed by the Department of Fish and Game. That department determined that moving the eight-foot chain link fence within the buffer zone would likely result in a greater impact on the integrity of the buffer zone than to leave it in place. The Department of Fish and Game considers this issue closed. 2. The river crossing in question is not part of the PAWS project and does not fall under the CUP. Agreements regarding river crossing and the new easement road were made between previous property owner and the adjacent landowner. This legal contract was a pre-condition of the sale of the property to PAWS. PAWS has agreed to maintain the road for fire access. 3. The enclosure fencing is an eight-foot chain link fence and is in compliance with the CUP. Inspection and maintenance of the fence is performed and documented on a 24 regular schedule. United States Department of Agriculture has inspected the fence and made recommendations, which were promptly addressed. No citations were given. 4. The Grand Jury found that the roadways within the project met the CUP specifications. 5. The Grand Jury was unable to find any evidence to substantiate the claim that false information was provided by the Planning Department staff to the Calaveras County Board of Supervisors.

The Grand Jury was unable to find any evidence to substantiate the claim that false information was provided by the Planning Department staff to the Calaveras County Board of Supervisors.