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Home My WebLink AboutMINUTES - 05021989 - 2.5 2. 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 2, 1989 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson NOES: None ABSENT: Supervisor McPeak ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Heritage Tree Designation of an Oak Woodland in the E1 Sobrante Area The Board received the recommendations of the Director of Community Development on the application (HT-1) of Tim Nash (ap- plicant) , Dame Construction Co. (owners) , for a heritage tree designation of an oak woodland in the El Sobrante area. (A copy of the report containing the recommendations is attached. ) Jack Hanna, 6217 Dam Road, El Sobrante, presented pictures of the area drawn by children attending the Sheldon Elementary School. Mr. Hanna advised that the children want the Board to know that they care about preserving the referenced oak woodland area. Supervisor Fanden requested that some of the pictures be placed on display in the Board Chambers. Tim Nash spoke on the potential value of this woodland to real estate in the area. He expressed the opinion that this area should continue to be designated as open space. Mr. Nash noted that last summer the City of Richmond changed that designation. He urged the Board to approve the recommendations of the Director of Community Development. Karl Wandry, Assistant Director of Community Development, advised that the area is categorically exempt and therefore does not require a Negative Declaration or Environmental Impact Report. He noted that county representatives were unable to obtain permis- sion to get on the property to designate the trees for preservation and noted the inclusion of an aerial photograph demarcating the proposed heritage woodland with the report. Mr. Wandry recommended that the Board declare its intent to adopt the findings of the County Planning Commission which will be submitted to the Board on May 9, 1989. V. J. Westman, County Counsel, advised the Board that the action being taken today is requiring the owner of the property to obtain a permit before he cuts the trees. He called attention to the fact that this action is not to be construed as a growth restricting measure. Supervisor Powers noted that on May 10, 1989, the Local Agency Formation Commission (LAFCO) is scheduled to reconsider its decision approving annexation of this area to the City of Richmond. He inquired if LAFCO upholds its previous decision would the action taken by the Board be meaningless. Mr. Westman responded that whatever action the Board takes on this nomination will not have any effect if LAFCO' s decision to annex this property to the City of Richmond remains unchanged. Supervisor Powers advised that the only way a sensitive piece of real estate (such as this property) can be prevented from going to some other use is by discussing its potential prior to executing a property tax exchange agreement. He called attention to the fact that once the Agreement is entered into, it is then placed in LAFCO' s jurisdiction. He advised that he would not have any problem if LAFCO reaffirms its decision to annex to the City. He expressed concern that any action the Board may take at this stage could be construed as meaningless. He therefore advised that he would be reluctant to vote on the recommendations today until LAFCO renders a decision. Supervisor Powers concluded by stating that if the area were to remain in the County, he would support the application. Supervisor Fanden advised that she does not believe approving the recommendations would be a meaningless action. She noted that many cities already have tree or woodland preservation programs. Supervisor Fanden then moved that the recommendations be approved. The motion was seconded by Supervisor Torlakson. Supervisor Torlakson commented on the need to have a check list for develop- ment applications when presented to insure that all issues are reviewed prior to approving the application for a Subdivision, which would include compatibility with the General Plan and that if there is a question or if there is the possibility of an incompatible zoning designation for a land use to confer with the District Supervisor or Board of Supervisors prior to entering into a property tax exchange agreement. Supervisor Fanden inquired as to the status of her proposal for the establishment of a Tree Planting Committee. She requested the Director of Community Development to report on this proposal as soon as possible so that appointments can be made to the Committee, who would have been given the charge for reviewing issues of this type. Supervisor Powers recommended a substitute motion and there- fore moved that decision on the recommendations be deferred for two weeks, at which time staff is instructed to report on LAFCO' s action as well as present a recommendation for the composition of the Tree Planting Committee. The motion died for lack of a second. The Chair then called for a vote on the original motion which was to approve the recommendations of the Director of Community Development. The motion was approved unanimously by the Board members present. The Board further INSTRUCTED the Director of Community to prepare a resolution on this nomination for a heritage tree designation for Board consideration on May 9, 1989. I hereby certify that this is a true and correct copy of cc• Director, CDD an action taken and entered on the minutes of the • County Counsel Board Of Supervisors on the date snow". County Administrator ATMSTED: 2W=14 2 LAFCO PHIL BATCH R,clerk of the Board Of Supervisors and County Administrator By ,Deputy a.s' TO BOARD OF SUPERVISORS + FRCM: Harvey E. Bragdon, ultra Director of Community Development Costa DATE: May 1 , 1989 County 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. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 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 El Sobrante area. 4. Accept Exhibit "A" (attached) as the tentative demarcation of the approved Heritage Woodland. BACKGROUND At its April 18, 1989 hearing on this matter, the Board declared its intent to approve the heritage woodland nomination. The applicant was requested to work with staff and the property owner in order to access the property and clearly stake out the heritage woodland boundaries. The applicant has provided staff with an aerial photograph demarcating the proposed heritage woodland (see Exhibit "A" ) . On advice of counsel, the owner has opted not to permit access onto the site by the applicant (see Exhibit "B" ) . Thus no on-site staking out of the woodland has taken place. If approved by the Board, staff will map a more precise boundary for the heritage woodland which will concisely follow its edges and exclude open grassland areas from the nomination. CONTINUED ON ATTACHMENT: _ YES SIGNAT RECOMMENDATION OF COUNTY ADMINISTRATOR RECO.Mr DATIONBO D COMMITTEE APPROVE OTHER SIGNATURE(S): A ON OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT CORRECT COPY OF AN ACTION TAKEN AYES; NOES: AND RED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERV S ON THE DATE SHOWN. CC: ATTESTED PHIL BATCHELOR. CLERK THE BOARD OF SUPERVISORS AND COUNTY AO STRATOR 417 BY LAM .......... gm�-g .................. Xi: ggg X: ON w ................ .......... Pm IN, 05; CONTRA COSTA ® HOMES BY DAME DAME CONSTRUCTION COMPANY,INC. 89 MAY - I PH F: 57 P.O.BOX 100 SAN RAMON,CALIFORNIA 94583 Cv:r-`r1��• t i (415)837-0544 MICHAEL W.RUPPRECHT VICE PRESIDENT-COUNSEL April 28 , 1989 Harvey E. Bragdon, Director Community Development Department Contra Costa County County Administration Building 651 Pine Street Martinez, California 94553-0095 Re: Heritage Tree Ordinance Dear Mr. Bragdon: I am in receipt of your letter dated April 24, 1989. We are reluctant at this time to allow Mr. Nash access to our property. We believe that he has already trespassed on our land and has caused us substantial damage by removing and destroying survey stakes. Mr. Nash has admitted that he has repeatedly trespassed on our land and we are in the process of discussing legal action with our attorneys to recover our damages. Based on the advice of counsel, it would not be appropriate at this time to allow Mr. Nash on the property in view of pending litigation. Very truly yours, Michael W. Rupprecht Vice President--Counsel MWR:giw