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HomeMy WebLinkAboutMINUTES - 04212009 - SD.11RECOMMENDATION(S): APPROVE the recommendation of the East County Regional Planning Commission, as contained in its Resolution No. 2009-5, ADOPT Resolution No. 2009/158 designating the Eucalyptus tree with a trunk diameter of approximately 84-inches in diameter as a heritage tree pursuant to the Heritage Tree Preservation ordinance, and REQUEST the Knightsen Town Advisory Council to assist in the appropriate marking of the tree on the County right-of-way side of the tree to provide continued public notice. A. ADOPT the finding for purposes of compliance with the California Environmental Quality Act (CEQA), that the project is Categorically Exempt pursuant to CEQA Guidelines §15061(b) 3. B. DIRECT the Department of Conservation and Development to post the Notice of Exemption with the County Clerk. C. FISCAL IMPACT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/21/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Demian Hardman, (925) 335-1318 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 21, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Gary Huisingh, Karen Laws SD.11 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:April 21, 2009 Contra Costa County Subject:Hearing on the Recommendation of the East County Regional Planning Commission to Designate Heritage Tree, Knightsen area. County File HT080001. BACKGROUND: On June 30, 2008 an application was submitted by the Knightsen Town Advisory Council to nominate an 84-inch (in diameter) Eucalyptus tree as Heritage status. The East County Regional Planning Commission heard the item on November 10, 2008 and recommended that the Board designate the tree as a Heritage Tree. The tree is located on the north side of Delta Road in the town of Knightsen. The tree is located along the front of a private property owned by Huguette Bartels. The County has determined that the trunk of the tree lies partly on the Bartels property and partly within a County right-of-way, Delta Road. The application to nominate the tree for heritage status was filed without the consent of the property owner, which is allowed by the Heritage Tree Preservation Ordinance (Chapter 816-4). Indeed, the owner has indicated opposition to the proposed designation of the tree. The purpose of the Heritage Tree application is to ensure that the tree will be appropriately marked due to its historical and ecological significance to the community of Knightsen. Historical Significance: According to the Knightsen Town Advisory Council, the tree was planted by the founder of Knightsen, G.W. Knight. Ecological Significance: During a visit to Knightsen, a raptor biologist from Boise State University indicated in a letter dated April 20, 2006 that adult Swainson's Hawks were observed exhibiting nesting behavior in this Eucalyptus tree. The biologist also indicated that the hawks are considered a threatened species in California (Biologist letter presented to East County Regional Planning Commission). Staff received the letter by the biologist as part of the Heritage Tree application from the Knightsen Town Advisory Council to provide evidence of the trees ecological significance to the community of Knightsen in order to substantiate the ordinance findings required to nominate the tree as Heritage Tree. The request to nominate the tree as a Heritage Tree is a result of the tree's historical and ecological significance coupled with citizen concerns of the tree being pruned excessively by the property owner after branches fell off the tree caused by a storm in January 2008. The tree already meets the criteria of a code-protected tree of the Tree Protection and Preservation Ordinance insofar as the tree lies on land that has the potential to be further subdivided (Chapter 816-6 of the County Code). Designation as a Heritage Tree will provide redundant protection. However, nomination as a Heritage Tree will add to the protected status of the tree and allow the tree to be appropriately marked indicating its Heritage status. EAST COUNTY REGIONAL PLANNING COMMISSION HEARING AND ACTION: On November 10, 2008, the East County Regional Planning Commission conducted a On November 10, 2008, the East County Regional Planning Commission conducted a hearing on County File #HT080001. A letter in opposition of the Heritage Tree nomination was received by staff on November 3, 2008 by the private property owner of the tree, which was also presented to the East County Regional Planning Commission. However, the owner was not present at the Planning Commission meeting. Staff presented the project and discussed the purpose of the requested nomination. Concerns were raised regarding the responsibility for the tree’s maintenance. Staff advised the Commission that it would ultimately be the responsibility of the private property owner for maintaining the tree. However, if the tree became a public safety hazard within the public right-of-way, the Public Works Department would take action to ensure that the right-of-way is not obstructed. Additionally, the applicant indicated that he understood that there was a condition of approval from the previous subdivision (SD-7431) that ensured that the tree was to be preserved. However, staff has researched the issue and found that there are no conditions of approval within the subdivision with regard to preserving the Eucalyptus. Nonetheless, the East County Regional Planning Commission voted (4-1) to recommend that the Board designate the tree as a Heritage Tree. DISCUSSION Should the Board approve the recommendation of the Planning Commission and designate the eucalyptus tree a Heritage Tree, then in addition to the existing protections of the Tree Protection Ordinance, the Heritage Tree designation would: Prohibit any person from destroying or removing the tree unless a permit has been obtained therefor. Still, the designation would not require a permit for nor prevent trimming, pruning, or maintenance of the tree where such does not result in destruction nor substantially change the tree's form or shape; and In case of an emergency caused by the 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 permission of the zoning administrator or building inspector if designated by the zoning administrator without formal application. Marking of Tree The ordinance requires the marking of trees that the Board designates as heritage trees with the permission of the property owners so as to provide continuing notice to the public of heritage tree status (CCC Ord. Code Section 816-4.404 (e)). Due to the opposition to the proposed designation by the private property owner, staff suggests that if the Board were to consider the tree's designation, that it be marked on the side of the tree that lies within the County right-of-way. This allows the tree to be marked as a Heritage Tree without trespassing onto private property. Staff has also contacted the property owner regarding the location of the tree marker, however the owner remains opposed to all aspects of the proposed designation. This may be accomplished with a suitable, small plaque attached to the tree or placed adjacent to it within the County right-of-way. The Knightsen Town Advisory Council has indicated that it would assist in the marking of the tree, however the details for funding the marking and its installation have not as yet been resolved. ATTACHMENTS Resolution No. 2009/158 East County Regional Planning Commission Resolution Commission Staff Report Biologist Letter Private Property Owner Letter Maps