County-initiated Zoning Text Amendment of the Tree Obstruction of Views Combining District (-TOV) Ordinance, County File #CDZT24-00002
Summary
SCH Number
2024110609
Public Agency
Contra Costa County
Document Title
County-initiated Zoning Text Amendment of the Tree Obstruction of Views Combining District (-TOV) Ordinance, County File #CDZT24-00002
Document Type
NOE - Notice of Exemption
Received
Posted
11/19/2024
Document Description
This is a County-initiated Zoning Text Amendment to amend County Ordinance Code chapter 816-2, the Tree Obstruction of Views Combining District (-TOV) ordinance, to provide a method for private property owners to gain restoration of views and sunlight lost due to tree growth by another private property owner. The proposed zoning text amendment would authorize the Board of Supervisors to establish one or more tree arbitration boards that would, at the request of the parties, hear view claim disputes and issue either binding or advisory decisions.
Contact Information
Name
Syd Sotoodeh
Agency Name
Department of Conservation and Development
Job Title
Senior Planner
Contact Types
Lead/Public Agency
Address
Phone
Location
Counties
Contra Costa
Regions
Countywide, San Francisco Bay Area
Cross Streets
Arlington Avenue, Colusa Avenue, Kenyon Avenue
Zip
94707
State Highways
I-80, I-580
Railways
BART, Amtrak, Southern Pacific
Airports
n/a
Schools
Kensington Elem., El Cerrito High, St. Jerome Elem., Harding Ele
Waterways
SF Bay - Albany State Marine Reserve, Cerrito Creek & tributaries
Other Location Info
The unincorporated area of Kensington, CA
Notice of Exemption
Exempt Status
Other
Type, Section or Code
Class 4, CCR Title 14, Section 15061(b)(3)
Reasons for Exemption
The proposed zoning text amendment is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt when it is covered by the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed actions would establish a property owner’s right to seek the restoration of views and sunlight that existed when the property owner purchased their property. The proposed actions would establish a process by which the property owner may seek the restoration of these views through ongoing tree maintenance. No specific project or restorative action is approved with this Zoning Text Amendment. Any future projects or restorative actions would each be separately reviewed under their own subsequent CEQA analysis. Thus, it can be seen with certainty that there is no possibility that the proposed actions could have a significant effect on the environment.
County Clerk
Contra Costa
Attachments
Notice of Exemption
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