HomeMy WebLinkAboutMINUTES - 06052012 - SD.10RECOMMENDATION(S):
1. ACCEPT the recommendation of the County Planning Commission, as contained in its Resolution No. 6-2012,
adopt a resolution to DESIGNATE eight trees as heritage trees pursuant to the Heritage Tree Preservation Ordinance,
and request the property owner to appropriately mark the trees to provide continuing notice to the public of heritage
tree status.
2. ADOPT the finding for purposes of compliance with the California Environmental Quality Act (CEQA), that the
project is Categorically Exempt under Government Code §15307, Class 7 pertaining to actions taken by regulatory
agencies as authorized by local ordinance to assure the maintenance of a natural resource.
3. DIRECT the Community Development Division to post the Notice of Exemption with the County Clerk.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/05/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Christine Louie,
925-674-7787
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: June 5, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Pickett Development Company
SD.10
To:Board of Supervisors
From:
Date:June 5, 2012
Contra
Costa
County
Subject:Hearing on the Recommendation of the County Planning Commission to Designate Eight Trees as Heritage Trees
Located within the Lafayette Area
FISCAL IMPACT:
The applicant has paid application processing fees for the project.
BACKGROUND:
On April 19, 2011, an application was submitted to nominate eight trees for heritage status on lots 4, 9, 14, 15
and 17 of the Seclusion Valley Subdivision (Tract 6844). This heritage tree nomination was submitted to comply
with condition of approval #6 of the Seclusion Valley 22-lot subdivision (Tract 6844). This subdivision was
approved on February 12, 1991, by the County Planning Commission, accepted by the Board of Supervisors
(Board), and recorded in 2002.
Site/Area Description:
The approved and recorded Seclusion Valley Subdivision is located on the east side of Reliez Valley Road and is
accessed by Lomas Verdes Place. The 22-lot subdivision consists of 26.31 acres and has not been developed. The
lots within the subdivision range in size from approximately half an acre up to four and one half acres, with the
majority of the lots within the half acre range. Development rights have been granted to the County via a scenic
easement for portions of the northernmost lots (lots 11, 13 and 14) as well as for portions of lots 5 thru 10 along
the eastern edge of the subdivision. There are two single family residences located on the site near the entrance to
the subdivision on the southerly portion of Lomas Verdes Place. The residences occupied the site prior to the
approval of the subdivision and will eventually be demolished when development of the subdivision occurs.
The remainder of the property consists of grass covered hillsides with scattered trees on the southerly portion and
steeper, tree covered hillsides on the northerly portion of the subdivision. Grayson Creek runs through the
northwesterly corner of the subdivision. The Haslemere Townhomes are located on the easterly side of the project
and Baywood is across Reliez Valley Road to the west. The Queen of Heaven Cemetery and Oakmont Memorial
Park are also located west of the subdivision across Reliez Valley Road. The Seclusion Valley Subdivision is
located just outside of the city limits of Pleasant Hill and Lafayette.
Background and History on Approved Subdivision:
At the time the subdivision was being reviewed, the county did not have a Tree Protection and Preservation
Ordinance. In 1988, the County Heritage Tree Preservation Ordinance was effective. The County Tree Protection
and Preservation Ordinance was adopted in 1994, three years after approval of the subdivision. Due to concerns
regarding the visibility of development of the subdivision and the desire to preserve trees on the property for
aesthetic reasons, the Seclusion Valley Subdivision was conditioned to provide, prior to the recording of the final
map, a tree inventory and arborist report identifying all of the trees with a trunk of 30 inches or more, as measured
4-½ feet above the ground, and identify those trees appropriate for heritage status. As a part of the report from a
qualified arborist, measures of protection for the trees during construction and post-construction stages, and
recommendations for the designation of trees for Heritage Tree status was to be included.
Prior to the recordation of the final map, the developer submitted, as part of the compliance review, a tree
preservation plan and arborist report with a list of trees recommended for Heritage Tree designation. This report is
dated March 1993, and was prepared by Mr. Ed Hobbs, a certified arborist. There were seven trees identified in
the 1993 report. Under the current application for Heritage Tree designation, an arborist report was prepared by
Mr. Joseph McNeil. In Mr. McNeil’s report, a survey was completed on 892 trees within the subdivision. Mr.
McNeil recognized the seven trees that were recommended in the 1993 arborist report, and indicated that four of
the seven trees no longer qualified for heritage status due to poor health or location outside of the subdivision.
The current application to nominate eight Heritage Trees within the subdivision was based on three of the trees
from the March 1993 arborist report and tree preservation plan, with five other trees proposed in place of the four
unqualified trees.
The following chart provides information relating to the four trees listed in the 1993 arborist report which are no
longer suitable for heritage designation:
Trees Recommended in the 1993 Arborist Report for Heritage Status
Presently Deemed Unsuitable for Heritage Status
Tree
No.
Lot
No.
Species
Comments
183 8 Valley Oak Seriously declining in health and has apparent decay
407 NA Coast Live
Oak
Located off the property and therefore ineligible pursuant to
conditions of approval of Subdivision 6844
458 13 Black Oak Failed mechanically breaking off at about 10 feet, leaving only the
trunk
839 19 Valley Oak Hollow, appears to be excessively decayed
It should be noted that a heritage tree application was filed on November 2, 2000, by a previous owner, with a
request to nominate 45 trees for heritage status. This previous application was presented to the Board, but was
never approved. The previous heritage tree application was later withdrawn on April 25, 2011, due to a change in
ownership of the property on April 19, 2011. The application filed in 2000, did not appear to base its proposal for
heritage tree designation on the March 1993 arborist report on record.
Proposed Heritage Tree Nominations:
A. Description of Trees:
The eight trees proposed for heritage tree designation are located on five different lots within the subdivision. The
trees selected by Mr. McNeil were based on their general health and location. The following chart lists the trees
proposed for nomination, which correspond to the submitted site plan and arborist report prepared by Mr. McNeil.
Trees Proposed for Heritage Status
Tree No.Lot No.Species Trunk Diameter (inches)
104 4 Coast Live Oak 29
204 9 Coast Live Oak 27, 15, 13
207 9 Valley Oak 26
209 9 Valley Oak 15, 13, 9
770 15 Black Oak 34, 12
773 14 Coast Live Oak 16
779 15 Coast Live Oak 41
795.5 17 Valley Oak 38
B. Ordinance Criteria Required for Designation as Heritage Tree:
Below are the heritage tree standards pursuant to Section 816-4.402 of the County Ordinance Code.
1. A tree seventy-two inches or more in circumference measured four and one-half feet above the natural grade;
OR
2. Any tree or group of trees particularly worthy of protection, and specifically designated as a heritage tree by the
board of supervisors, because of:
a. Having historical or ecological interest or significance, or
b. Being dependent upon each other for health or survival, or
c. Being considered an outstanding specimen of its species as to such factors as location, size, age, rarity, shape,
or health.
C. Suitable Marking of Trees: Upon designation, the heritage trees shall be clearly marked to notify the public of
their heritage status. The applicant or owner shall appropriately mark all designated heritage trees and maintain
the markers on the designated trees so as to provide continuing notice to the public of heritage tree status.
County Planning Commission Hearing and Action:
On March 13, 2012, the County Planning Commission (Commission) heard County File #HT11-00001, the
proposal to designate eight heritage trees within the Seclusion Valley Subdivision. The Commission received
public comments regarding the proposal from two neighbors adjacent to the subdivision; Mr. James Marchiano
and Mr. Dan Briner live adjacent to the Seclusion Valley Subdivision on Lomas Verdes Place in Lafayette. The
concerns from these individuals included drainage, roadway construction, development of the lots, and improper
public notification of the proposal. They did not have an objection to the nomination of the trees in the subdivision
for heritage status. After discussion, the Commission determined that the development concerns raised by the two
individuals were not matters that they could discuss under the review for a heritage tree nomination, and to
discuss the neighbor’s concerns regarding the development of the subdivision would be inappropriate at that time.
There was a question from the commissioners regarding the previous application which requested the nomination
of 45 trees that was later withdrawn. Staff indicated that this was a request made by a different owner of the
property, and the current proposed nominations are based on the 1993 arborist report prepared by Mr. Hobbs that
was submitted prior to recordation of the subdivision. The Commission approved unanimously the nomination of
the proposed eight trees.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the nomination, the owners would be required to file another application for
heritage tree designation to meet condition of approval #6 of the Seclusion Valley Subdivision. Development on
the lots would not be permitted until the completion of the heritage tree designation has occurred.
CHILDREN'S IMPACT STATEMENT:
None.
CLERK'S ADDENDUM
Speakers: James Marchiano, resident of Lafayette; Thomas Kresnak, Haslemere Community Association, Bob
Pickett, applicant.. ACCEPTED the recommendation of the County Planning Commission, as contained in its
Resolution No. 6-2012, ADOPTED Resolution 2012/224 to DESIGNATE eight trees as heritage trees pursuant
to the Heritage Tree Preservation Ordinance, and REQUESTED the property owner to appropriately mark the
trees to provide continuing notice to the public of heritage tree status; ADOPTED the finding for purposes of
compliance with the California Environmental Quality Act (CEQA), that the project is Categorically Exempt
under Government Code §15307, Class 7 pertaining to actions taken by regulatory agencies as authorized by
local ordinance to assure the maintenance of a natural resource; DIRECTED the Community Development
Division to post the Notice of Exemption with the County Clerk.
ATTACHMENTS
Resolution No. 2012/224
CPC Resolution 6-2012
CPC Staff Report
Maps
Arborist Report
Seclusion Valley Subdivision COA
Photographs