To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Tree Obstruction of Views Combining District (-TOV) Text Amendment, County File #CDZT24-00002
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on Ordinance No. 2024-21, RECEIVE testimony, and CLOSE the public hearing.
2. DETERMINE that adoption of Ordinance No. 2024-21, is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15061(b)(3).
3. ADOPT Ordinance No. 2024-21, Tree Obstruction of Views (-TOV) Combining District Ordinance, related to and establishing a property owner's right to seek the restoration of views and sunlight that existed when the property owner purchased their property and establishing a process by which the property owner may seek restoration of these views when they are unreasonably obstructed by the growth of trees on another property.
4. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk.
FISCAL IMPACT:
The cost of preparing this amendment has been funded by the Department of Conservation and Development, Land Development Fund.
BACKGROUND:
Summary
This is a hearing on 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.
Background
Chapter 816-2, Tree Obstruction of Views (-TOV) Combining District of the County Ordinance Code was first enacted in 1984. The only area in the Coun...
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