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Home My WebLink AboutMINUTES - 08071990 - S.3 S. 3 T0: BQARD OF SUPERVISORS FaOM; 40 Contra Supervisor Tom Powers Costa DATE: County August 7, 1990 SUBJECT: Protection of Trees in E1 Sobrante SPECIFIC REQUEST(S)OR AECOMMENDATION(S)i BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. That the Board of Supervisors of Contra Costa County adopt an Urgency Interim Ordinance Prohibiting Destruction of Trees in the E1 Sobrante Area. 2. That the Board of Supervisors of Contra Costa County instruct the Community Development Director to take all necessary steps to protect trees in the county which are currently being considered for Heritage Tree status. 3. That the Board of Supervisors of Contra Costa County instruct the Community Development Director to ensure the new Tree Ordinance include provisions to prevent destruction of large trees and that it encourage developers to preserve trees as part of the development process. BACKGROUND: Heritage Trees and other large trees are important resources for the county and the region. These trees not only provide sources of oxygen and absorb large amounts of Carbon Dioxide, but they also provide visual benefits. The Board of Supervisors has already declared its support for protecting Heritage Trees in Ordinance 88-83 which formed the Heritage Tree Preservation District. Unfortunately, there are numerous examples of people trying to circumvent the process by cutting down or killing the trees before the Heritage Tree Status can be designated. In addition, the lengthy process for declaring trees to be subject to the Heritage Tree Ordinance needs to be streamlined to ensure that these important natural resources are protected. A recent example in my district demonstrates how important trees can be lost due to administrative delays. Any preservation process should include protection of trees during the application process. The county needs to renew its commitment to preserving trees by ensuring that Heritage Trees and other large trees are protected in the development process. CONTINUED ON ATTACHMENT: _„YES SIGNATURE: —RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SI GNATUP E(S); _ ACTION OF BOARD ON August 7, 1990 APPROVED AS RECOMMENDED OTHER IT IS BY THE BOARD ORDERED that recommendations 1, 2, and 3 are APPROVED; and as in recommendation 1, Ordinance No. 90-63 is ADOPTED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE __2L UNANIMOUS(ABSENT IV ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: _ ABSTAIN; OF SUPERVISORS ON THE DATE SHOWN. CC; Community Development Dept. ATTESTED August 7, 1990 County Counsel PHIL BATCHELOR.CLERK OF THE BOARD OF SUPEAV15085 AND COUNTY ADMINISTRATOR M382 (10/88) BY ,DEPUTY ORDINANCE NO. 90-63 (Urgency Interim Ordinance Prohibiting Destruction of Trees in the E1 Sobrante Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Prohibitions. A. No person shall destroy, intentionally damage, or remove any tree of twenty-four inches in circumference or more in the E1 Sobrante Planning Area, as described in the El Sobrante Area General Plan Amendment, unless a permit has been obtained therefor through procedures established in Article 816-4.10 of the County Ordinance Code. This paragraph does not require a permit for, nor prohibit, trimming, pruning, or maintenance of such a tree where such does not result in destruction, damage, or 'substantial change in the tree's form or shape. B. No tentative subdivision map shall be approved for - property in the E1 Sobrante Planning Area on which is located any tree of twenty-four inches or more in circumference. SECTION II. Emergency destruction. In case of an emergency caused by any such tree being in a hazardous or dangerous condition requiring immediate action for the safety of structures or human life, such tree may be removed with the advance permission of the zoning administrator or building inspector, if designated by the zoning administrator, without formal application. The zoning administrator may request certification from a tree expert as to the need for immediate action if the need is not clearly apparent. SECTION III. Violation: punishment. Notwithstanding Section 14- 8.002 of the County Ordinance Code, violation of paragraph A. of Section I of this ordinance is a misdemeanor and is punishable, upon conviction, in accordance with the provisions of subdivision (b) of Section 14-8.004 of the County Ordinance Code. SECTION IV. Urgency Declaration. This ordinance is an interim urgency measure authorized by Government Code sections 65858 and 25123 , and Elections Code section 3751. The Board finds that the establishment of new land uses by means of destroying, damaging, or removing large trees in the E1 Sobrante Planning Area constitutes a current and immediate threat to the public health, safety, and welfare. The facts constituting the urgency are that there. are presently no controls over destruction of such trees in the Area. The County is _contemplating amending the Heritage Tree Preservation District zoning ordinance (Co. Ord. Code, Chapter 816-4 ) , possibly expanding its application to trees of smaller circumference. The County also is contemplating other new zoning ordinances protecting non-heritage trees, including provisions in the County Subdivision Ordinance. If these interim urgency provisions are not imposed, uses in conflict with the contemplated ordinance modifications and other regulatory measures may result, irreversible uses and destruction of valuable and aesthetically significant trees may result to the detriment of the Area, and uses may occur which would frustrate any land use regulations that may be adopted. SECTION III. Report. At least ten days before the expiration of this ordinance or any extension of it, the Community Development Department is ,directed to file with the Clerk of the Board a written report describing the measures taken to complete the zoning and subdivision studies' and changes regarding the ORDINANCE NO. 90- 63 1 `� . protection of trees in the E1 Sobrante Area and to alleviate the condition which has led to the adoption of this ordinance. SECTION IV. Environmental Assessment. A. Pursuant to section 15061 of the State and County CEQA Guidelines, the Board finds -and declares that this ordinance is exempt from CEQA for the following reasons: (1) This ordinance is not a "project" within the meaning of section 15378 of the CEQA Guidelines, because the ordinance itself has no potential for resulting in a physical change in the environment. The purpose of this ordinance is to regulate, on an interim basis, the land uses in the E1 Sobrante Area pending the completion of zoning studies and Ordinance Code changes regarding the protection of specified trees, to preserve the status quo, and to prevent the destruction of trees. (2) This ordinance is categorically exempt from CEQA under section 15308 of the CEQA Guidelines. This ordinance is a regulatory action taken by the County in the exercise of its constitutional authority and in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending the completion of zoning and subdivision studies and changes for the protection of trees in the E1 Sobrante Planning Area. (3) This ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (a) and (b) of this paragraph, it can be seen with certainty, and the Board finds, that there is no possibility that this ordinance will have a significant effect on the environment; therefore, this ordinance is not subject to CEQA. B. The Community Development Director is directed to file a notice of exemption for this ordinance, in accordance with the provisions of section 15062 of the State CEQA Guidelines. SECTION V. EFFECTIVE DATE. This ordinance becomes effective immediately upon passage and shall be operative for forty-five days (through September 21, 1990) , pursuant to Government Code section 65858. Within fifteen days after passage this ordinance shall be published once with the names of Supervisors voting for and against it in the WEST COUNTY TIMES , a newspaper published in this County. PASSED ON August 7, 1990 by the following vote: AYES: Supervisors Powers, Schroder, Torlakson and Fanden NOES: None ABSENT: Supervisor McPeak ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk ofthe Board of Supervisors Board C it and County Administrator 140 By J [SEAL] Deputy SBM (8-6-90) ORDINANCE NO. 90-63 2