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Home My WebLink AboutMINUTES - 04181989 - T.3 Tr BOARD OF SUPERVISORS T. 3 Harvey E. Bragdon, Contra ltra Director of Community Development DATE: April 12, 1989 C10^ SUBJECT: Hearing on Application #HT-1 Tim Nash (Applicant) - P. R. Radach & R. A. Hill; Dame Construction Co. (Owners) for Heritage Tree Designation of an Oak Woodland in the E1 Sobrante Area. SPEC 1 F 1 C REQUEST(S) OR RECOMMENDATION(S) & BACKC4=PD APD JUSTIFICATION i RECOMMENDATION 1. Accept the environmental documentation as being adequate. 2. Adopt the Planning Commissions findings as set forth in its Resolution #21-1989 as the determinations in these actions. 3. Approve the request for heritage designation of the wood- lands found on the main ridge, northward-facing slopes, two prominent hills and riparian areas of the Castro/Hill/Radach property, consisting of approximately 100 acres spread between Assessor' s Parcels 433-110-014, 020 and 021 in the E1 Sobrante area. BACKGROUND This is the first nomination received for heritage tree designa- tion since adoption of the Urgency Ordinance on Heritage Tree Preservation District. Following a public hearing on this matter on March 14, 1989, members of the County Planning Commission took a field trip to the site on March 24. After a continued public hearing March 28, 1989, the Planning Commission approved the designation request. Should the Board of Supervisors approve this heritage woodland designation, the applicant should be required to provide a concise description/map of subject area. The description should include property lines, contours and/or other land survey indicators in order to clearly delineate the precise boundaries of the designated heritage woodland. The County. Planning Commission agreed that the applicant should provide such a description/map, but only if and when approved by this Board. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ACTION OF BOARD ON - An riI 1A , 1A R() APPROVED AS RECOMMENDED OTHER X This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the County Planning Commission on the heritage tree designation application by Tim Nash (applicant) nominating for designation by Contra Costa County all woodlands found in the main ridge, .northward-facing slopes, two . prominent hills and riparian areas of the Castro/Hill/Radach property . (P.R. Radach and R.and A. Hill; Dame Construction Co. , owners) as a Heritage Woodland (County File HT-1) . Harvey Bragdon, Director of Community Development, gave the staff report on the application before the Board, the Planning Commission's recommendation and findings before the Board, and the staff recommendation for approval with the applicant to do the necessary work for the precise designation of the site in question. Supervisor Torlakson requested a recommendation from County Counsel on the application. Victor Westman, County Counsel, indicated that there were no particular legal questions, and clarified the impacts of imposing the ordinance on these trees. He also commented that if the Board were inclined to grant this application, that the Board might want to .indicate that intention but not make that effective until the applicant has submitted the necessary data for precise delineation of the site and it has satisfied the Community Development Director and he would then bring it back to the Board for ratification of the decision and final approval. The public hearing was opened and the following persons appeared to speak: Tim Nash, 4545 Canyon Road, E1 Sobrante, applicant, presented his nomination of the trees on the site under six feet in circumference, as the trees over six feet were already heritage trees. He presented slides to the Board showing the trees he wished to have designated heritage trees, commenting on the types of trees on the site. He commented on issues including preservation of the oak trees, annexation to the City of Richmond, and the loss of 95 percent of the California Oak habitat. Alan LaPointe, 5880 Park Avenue, Richmond, representing the E1 Sobrante Valley Coalition Council comprised of seventeen organizations and community groups and environmental groups in the Richmond area, spoke in support of the application. He commented on issues including the hill rising out of surrounding wetlands, the maturity of the trees, and the diversity of the vegetation and the wildlife in the area. He urged the Board to approve the application. Michael Rupprecht, P.O. Box 100, San Ramon, representing Dame Construction Co. , spoke against the application commenting on the reasons that Dame had purchased the property, the total disregard of their property rights by everyone, and he requested that the County and the applicant respect their property rights and not trespass on the property. He commented on the Carriage Hills West application before LAFCO for a decision on May 10, 1989. He also commented on a letter that the Board of Supervisors had sent to the City of Richmond concerning the trees on the site. He purported that the intent of the ordinance was not to act punitively toward the landowner. He reminded the Board that there was no application before the Board to do anything with the property. He requested that if the Board were to act on the ordinance at this time, that there should be some consideration given as to how procedurally they would do this. He read condition No. 27 from the Conditions of Approval for Carriage Hills West before the City of Richmond requiring a vegetation management plan. The Board discussed the issue of tree replacement with Mr. Rupprecht. Mr. Nash spoke in rebuttal. The public hearing was closed. Supervisor Powers suggested a much more definitive opinion from County Counsel on the procedures involved in this matter since this is the first application before the Board. Supervisor McPeak expressed support to act to introduce the ordinance. She also expressed a need for more dialogue with Dame Construction and the City of Richmond. Supervisor Powers further expressed the need to know what the Board was doing before doing it. Supervisor Fanden expressed support for enacting the ordinance, and the need for a field trip. Supervisor Torlakson commented that the Board should take some action today but suggested tabling the matter until later in the day to receive the necessary information from staff. i Following the noon recess, the Board received the requested information from Victor Westman relative to the previously adopted heritage tree ordinance and the method for making the ordinance operative for these particular trees. Mr. Westman commented on Mr. Bragdon's view that there is not sufficient information to adopt the definitive resolution to make the ordinance operative since there has not been a precise survey submitted so that staff can verify or review it and use that information in a resolution. He suggested that if the Board were to take action, they should only indicate an intention at this time and leave it to the applicant to develop the precise information to the satisfaction of the Community Development Director and when and if that occurs, he would bring the matter back to the Board so that the landowner will have a final opportunity to comment on that precise description of the trees and their location and the area covered and then the Board could take final action at that time. Mr. Westman clarified that in formulating the ordinance staff did not contemplate. that the County would assume the financial burden of doing the field surveys to develop that sort of information and that the capacity of the County had been viewed as a review capacity. Supervisor Powers moved that the Board's intent would be to declare all of the trees that are possible to be declared as heritage oak trees whether they be larger or smaller than six feet subject. to receiving the report from the applicant. He commented that the Board did not sanction trespassing as intimated by Mr. Rupprecht, and that the applicant would have to get the owner's permission for the survey. Supervisor Powers requested in addition to direct the staff to work out with the applicant a way to accomplish getting onto the property. Therefore, IT IS BY THE BOARD ORDERED, that the Board hereby DECLARES ITS INTENT to approve, subject to report from the applicant containing information required by the Community Development Department to finalize the resolution implementing approval, the request by Tim Nash relative to the heritage tree designation of the woodlands .found on the main ridge, northward-facing slopes, two prominent hills and riparian areas of the Castro/Hill/Radach property, consisting of approximately 100 acres spread between Assessor's parcels 433-110-014, 020 and 021 in the El Sobrante area; and Community Development Department is DIRECTED to facilitate the information gathering and submit a status report on this matter to the Board on May 2, 1989. MOTE OF SUPERVISiORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ASSENT } AND CORRECT COPY OF ANACTIONTAKEN AYES: NOES. AND ENTERED ON THE M i tJUTES OF THE BOARD ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc* Community Development Dept. ATTESTED April 18 , 1989, County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF Tim Nash SUPERVISORS AND COUNTY ADMINISTRATOR Michael Rupprecht -- - ----- 0 u o o BY Jbi M pit>> -_,DEPUTY i