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.
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