To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Tree Arbitration Board Resolution for the Kensington Community
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution to designate the Kensington Municipal Advisory Council as a tree arbitration board to hear view claim disputes originating on parcels located in the Kensington Community and within the -TOV Combining District, and to issue binding or advisory arbitration decisions, pursuant to the County’s Tree Obstruction of Views Ordinance (Chapter 816-2 of the County Ordinance Code) (-TOV Ordinance).
FISCAL IMPACT:
The cost of preparing this resolution has been funded by the Department of Conservation and Development, Land Development Fund. There will be no impact to the General Fund. A fee deposit would be collected by the Department of Conservation and Development (DCD) and applicants would be obligated to pay all costs associated with the view claim process.
BACKGROUND:
On November 12, 2024, the Contra Costa County Board of Supervisors adopted Ordinance No. 2024-21, amending the -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. Ordinance No. 2024-21 also authorized the Board of Supervisors to establish or designate 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.
The Kensington Municipal Advisory Council (KMAC) is an existing advisory body established by the Board of Supervisors that advises on land use planning and other matters affecting the Kensington Community, including the areas served by the Kensington Community Services District and the Kensington Fire District. KMAC is a logical existing body to serve as a tree arbitration board for view claims in the Kensington community.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not establish or designate one or more tree arbitration boards to hear view claim disputes, then no such board would exist to enable private property owners to proceed forward with either a binding or an advisory arbitration process as set forth in Ordinance No. 2024-21.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF designating the Kensington Municipal Advisory Council as a tree arbitration board to hear view claim disputes within the Kensington Community pursuant to the County’s Tree Obstruction of Views Ordinance
WHEREAS, the Contra Costa County Board of Supervisors previously established the Tree Obstruction of Views (-TOV) Combining District and adopted the -TOV Ordinance (Chapter 816-2 of the County Ordinance Code), which established the right of a property owner to seek the restoration of views and sunlight that existed when the property owner purchased their property; and
WHEREAS, on November 12, 2024, the Contra Costa County Board of Supervisors adopted Ordinance No. 2024-21, amending the -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. Ordinance No. 2024-21 also authorized the Board of Supervisors to establish or designate 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; and
WHEREAS, the Kensington Municipal Advisory Council is an advisory body established by the Board of Supervisors that reviews land use planning matters affecting the Kensington Community, including that area contained within the boundaries of the Kensington Community Services District and the Kensington Fire District;
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby designates the Kensington Municipal Advisory Council as a tree arbitration board to hear view claim disputes originating on parcels located in the Kensington Community and within the -TOV Combining District, and to issue binding or advisory arbitration decisions, pursuant to the County’s Tree Obstruction of Views Ordinance (Chapter 816-2 of the County Ordinance Code).
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