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Home My WebLink AboutMINUTES - 09181990 - H.2 ro: BOARD OF SUPERVISORS IFRCM: Harvey E. Bragdon, Contra Director of Community Development �a DATE : September 18, 1990 CoI. urty SUBJECT: Extension of Urgency Interim Ordinance #90-63 , �`� Prohibiting Destruction of Trees in the E1 Sobrante Area SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Extend the Urgency Interim Ordinance #90-63 through July 31, 1991, with an amendment to Section I.B to read as follows: "No tentative subdivision map shall be approved for property in the E1 Sobrante Planning Area on whichit is proposed 'to remove or destroy any existing tree of twenty-four inches or more in circumference measured 4-1/2 feet above the normal ground level, . unless an exception . is made by the Director, Community Development Department, in the interest of public health, safety or welfare:' BACKGROUND On August 7, 1990, Urgency Interim Ordinance #90-63 was adopted to prevent circumvention of the process for the designation of heritage trees under ordinance .#88-83 . The Urban Reforestation Task Force, established by the Board of Supervisors, is presently engaged in drafting an ; ordinance to encourage .and require an increase, in all vegetation, with special emphasis on the preservation and enhancement of the: tree popula- tion, within private and public properties. The final draft of the proposed ordinance is expected to. be ready some time in January 1991 for presentation to the Board of Supervisors and the public hearings for its adoption. The process of adoption of the ordinance drafted, by the Task Force is likely to take several months. In the meantime, it is recommended that the Urgency Interim Ordinance Prohibiting Destruction of Trees (adopted on August 7, 1990) , be extended through July 31, 1991. The recommended extension is permissible under the State law. An amendment to Section I.B is recommended to allow approval of tentative maps or development plans when no removal or destruc- tion of any tree with 24 inches or more circumference, measured 4-1/2 feet above normal ground level, is involved. This amendment is recommended to remove undue restriction on property development during the extension period of Ordinance #90-63 through July. 31, 1991. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RE MM TION ARD COMMITTEE APPROVE OTHER __ ._ SIGNATURE 5 ACTION OF BOARD ON : APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT UT- 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 Develop. ATTESTED PHIL BATCHELOR. CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 7-83 -- i H.. 2 ORDINANCE NO. 90-82 (Extending 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, measured four and one-half feet above normal ground level., 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 destru.ction, . damage, or substantial change in the tree 's form or shape. B. No tentative subdivision map shall be approved for property in the Ei S.obrante Planning Area if such tentative subdivision map involvesthe removal or destruction of •any :tree of twenty-four inches or more in circumference,' measured four and one-half feet above normal ground level-, located on the property. This paragraph does not prohibit approval of a tentative subdivision map where the- director of community development determines that removal or destruction of such a tree is necessary because of unstable soils in the vicinity, ' dangerous' condition of. the tree, or otherwise for the protection of the .. public health,....safety and welfare. 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 lite,, such tree may be removed with the advance permission of the zoning administrator or buildinginspector, 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 misdemeanorand 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. Moreover, the Urban Reforestation Task Force is engaged in drafting an..ordinance emphasizing the. preservation and enhancement of the tree population within .private and public properties. If these interim urgency provisions are not imposed, uses in conflict with. ORDINANCE NO. 90-82 1 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 protection of trees in the El 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 on September 22, 1990 and shall be operative for 10 months and 9 days (through July 31, 1991) , pursuant to Government Code section 65858 (a) . Within fifteen days after passage this ordinance shall be published once with the names of Supervisors voting for and against it in the W s� t Copnty Times a newspaper published in this County. ORDINANCE NO. 90-82 2 PASSED ON September 18, 1990 by the following vote: AYES: Supervisors Powers, McPeak, Torlakson and Fanden NOES: None ABSENT: Supervisor Schroder ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Boa®r and County Administrator By [SEAL) Dalffity SBM (9-18-90) ORDINANCE NO. 90- 82 3