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C. 80
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: February  2, 2021
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Heritage Tree Nomination for 55-Inch Oak Tree at 2031 Dorris Avenue Walnut Creek, #HT18-0001

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   02/02/2021
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Daniel Barrios, (925) 877-8199
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:     February  2, 2021
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

1. APPROVE designation of the 55-inch diameter Valley Oak tree identified as tree #1 in the attached site plan located on the property identified as 2031 Doris Avenue in unincorporated Walnut Creek as a Heritage Tree pursuant to Chapter 816-4 of the County Ordinance.  
  

2. FIND that for the purposes of compliance with the California Environmental Quality Act, the project is categorically exempt under Government Code Section 15308, which identifies projects consisting of actions taken by regulatory agencies as authorized by local ordinance to assure maintenance of a natural resource, as being exempt from review; and,  





RECOMMENDATION(S): (CONT'D)
  
3. DIRECT staff to post a Notice of Exemption with the County Clerk.

FISCAL IMPACT:

None. The applicant has paid the cost of designating a heritage tree, and any further modifications to this designation will require the costs be paid by future applicants.

BACKGROUND:

  1. Project Description  
      
    This is a request by the property owner to nominate one Valley Oak tree pursuant to the Heritage Tree Preservation Ordinance (Chapter 816-4). The single tree proposed for heritage tree designation is located in the northeast corner of the property (2031 Doris Ave., Walnut Creek) at the property’s frontage along Doris Avenue. The subject Valley Oak tree measures approximately 55-inches in diameter (175 inches in circumference) as measured 4 1/2 feet from grade. The applicant has elected to nominate the trees for heritage status due to their age, size, and aesthetic value in preserving the nature of the subject property and neighborhood. Approval of a heritage tree designation provides the tree with additional protection.  
  2. General Information
    1. General Plan: The subject site has a Single-Family Residential-Low Density (SL) General Plan designation.  
    2. Zoning: The subject site is located in the Single-Family Residential (R-20) District.  
    3. California Environmental Quality Act (CEQA) Compliance: The proposed project 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.  
  3. Site Description  
      
    The subject property is approximately 20,800 square feet and developed with a single-family residence and assorted backyard improvements. The property slopes upward approximately 15 feet from west to east. There is significant tree coverage of the property, which is comprised of approximately 20 trees including the subject Valley Oak being nominated as a heritage tree. The trees include a variety of species, with the majority being Valley Oak and Coast Redwood, and they range in size from 6 to 55 inches in diameter.  
  4. County Planning Commission  
      
    This application was considered by the County Planning Commission (CPC) at the April 24, 2019 hearing. After taking public testimony, the CPC voted to adopt a motion recommending that the Board of Supervisors approve the heritage tree nomination of the subject Valley Oak tree.  
  5. Staff Analysis
    1. Appropriateness of Nomination: The Valley Oak tree nominated for designation meets the size criteria for designation as heritage trees, as is required under Section 816-4.402 (Heritage Tree Definition) of the County Ordinance. The subject Valley Oak tree measures approximately 55-inches in diameter (175 inches in circumference) as measured 4 1/2 feet from grade, where the minimum is 72 inches in circumference. In addition to its significant size and aesthetic benefits, the nominated tree is a major component of the project site’s history dating back to at least 1939, and it should be preserved to maintain property values.  
    2. Suitable Marking of Trees: Upon designation, the heritage trees shall be clearly marked to notify the public of their heritage status. Pursuant to Condition of Approval #3 of this permit, the applicant is required to suitably mark and maintain the markers on the designated trees.  
  6. Conclusion  
      
    The tree nominated by the applicant is worthy of heritage tree designation. The subject tree meets the minimum criteria for designation and possesses unique character and value to both the subject properties and the County as a whole. Therefore, staff recommends that the County Board of Supervisors adopt a resolution to nominate the subject tree as a Heritage Tree.

CONSEQUENCE OF NEGATIVE ACTION:

If the Board does not approve the designation of the heritage tree, then the subject tree will not be designated as a heritage tree and will remain subject to the standard provisions of the County Tree Protection and Preservation Ordinance (Section 816-6).

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