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HomeMy WebLinkAboutMINUTES - 12022014 - D.4RECOMMENDATION(S): OPEN the public hearing, ACCEPT public testimony, and CLOSE the public hearing. After accepting any public testimony, and closing of the public hearing: A) DESIGNATE the specified two Valley Oak trees at 2444 Lunada Lane in Alamo for Heritage status under the Heritage Tree Preservation Ordinance pursuant to the recommendation of the County Planning Commission as contained in Resolution No. 2013-16. B) DIRECT staff to post a Notice of Exemption with the County Clerk FISCAL IMPACT: The applicant has paid the necessary $200.00 filing fee for the proposed nomination. BACKGROUND: This hearing concerns the designation of two (2) Valley Oak trees to be nominated as Heritage Trees in accordance with the County’s Heritage Tree Preservation Ordinance (“HTP”), Section 816-4.402 of the County Code. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/02/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Sean Tully: (925) 674-7800 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: December 2, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.4 To:Board of Supervisors From:John Kopchik, Interim Director, Conservation & Development Department Date:December 2, 2014 Contra Costa County Subject:Hearing on a Proposal to Nominate Two Heritage Trees, County File #HT12-0001 BACKGROUND: (CONT'D) On November 9, 2012, the applicant submitted an application to the Department of Conservation and Development requesting that two (2) Valley Oak trees located on their property at 2444 Lunada Lane in Alamo be designated as Heritage Trees. The proposal was reviewed by the Alamo Municipal Advisory Council (MAC) and has been recommended for approval. The matter was heard before the County Planning Commission on August 27, 2013, at which time the Commission recommended approval by the Board. The subject property is located within a residential neighborhood in the Alamo area. Neighboring properties in the area range in size from approximately one-half acre to four acres. Many of the surrounding properties have been developed with single-family residences and other auxiliary uses and structures. The subject property is a narrow rectangular-shaped lot measuring approximately 23,958 square feet (0.55 acres) in area. The property is relatively level and does not contain any significant topographical features or natural watercourses. The property has been developed with a single-family residence on the western half of the lot adjacent to Lunada Lane, and a horse barn and paddock are located toward the eastern boundary of the property adjacent to the Iron Horse Trail. The subject property is located within a Single-Family Residential, Low Density (SL) General Plan Land Use designation, and within a Single-Family Residential (R-20) zoning district. Pursuant to Section 816-4.202 (Heritage Tree Preservation District) of the County Code all land within Contra Costa County shall be subject to the provisions of the Heritage Tree Preservation District. A heritage tree is defined as one of the following: 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 a group of trees particularly worthy of protection, and specifically designated as a heritage tree by the Board of Supervisors pursuant to the provisions of Chapter 816-4 (Heritage Tree Preservation District), 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. PROJECT DESCRIPTION The project consists of nominating two (2) Valley Oak trees for designation as Heritage Trees. Both trees are located along the southern boundary of the subject property just west of the existing horse stable. If heritage designation is granted and with the permission of the involved property owner, the trees may be marked to notify the public of their heritage status. ENVIRONMENTAL REVIEW The proposed heritage tree designation is exempt under Government Code Section 15308, which indicates that projects taken by regulatory agencies, as authorized by local ordinance, to assure the maintenance of natural resources are exempt from review; and under Government Code Section 15061(b)(3), which indicates that projects and actions are exempt from review if it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. COUNTY PLANNING COMMISSION DECISION OF AUGUST 27, 2013 The proposed heritage tree designation project was recommended for approval by the County Planning Commission at their August 27, 2013 meeting. CONCLUSION The two trees nominated for heritage designation are essential elements in preserving the property values and semi-rural nature of the subject property and surrounding neighborhood. In addition, the identified trees meet or exceed the minimum criteria required according to Section 816-4.402 (Heritage Tree Definition) of the County Code. Therefore, staff recommends that the Board of Supervisors accept the County Planning Commission’s recommendation to have the two (2) identified trees designated as heritage trees. CONSEQUENCE OF NEGATIVE ACTION: If the project is not approved a request to remove, destroy or allow development within the dripline of the subject trees would still require issuance of a permit from the Department of Conservation and Development, Community Development Division as they are considered to be protected trees under the County’s Tree Protection and Preservation Ordinance (Section 816-6). However, issuance of a permit to allow removal, destruction, or work within the dripline of the subject trees would only require consideration of factors required under Section 816-6.8010 (Factors) of the Tree Protection and Preservation Ordinance, and not also require consideration of the factors of the Heritage Tree Preservation Ordinance (Section 816-4.1004). CHILDREN'S IMPACT STATEMENT: None. CLERK'S ADDENDUM Speakers:  Don Filippi, neighboring property owner, Alamo. It was noted during the hearing that one of the trees straddles two properties. Supervisor Andersen directed that the language of the relevant documents be amended to reflect both the 2444 and 2446 Lunada Lane addresses. CLOSED the public hearing; DESIGNATED the specified two Valley Oak trees at 2444 Lunada Lane in Alamo for Heritage status under the Heritage Tree Preservation Ordinance pursuant to the recommendation of the County Planning Commission as contained in Resolution No. 2013-16; and DIRECTED staff to post a Notice of Exemption with the County Clerk. ATTACHMENTS Zoning, General Plan, Parcel, and Geographical Maps County Planning Commission Resolution #2013-16 Conditions of Approval as Approved by the County Planning Commission on August 27, 2013 County Planning Commission Staff Report Site Photographs