Article 816-2.6 — Procedures

If a claimant believes in good faith that the growth, maintenance, or location of one or more trees situated on the property of another diminishes the beneficial use or economic value of, or sunlight or enjoyment of views naturally accruing to, the claimant's property, the claimant shall notify the tree owner in writing of those concerns. When a claimant notifies a tree owner of those concerns, the claimant should also attempt to discuss those concerns in person with the tree owner, if possible, to enable the claimant and the tree owner to attempt to reach a mutually agreeable solution to the alleged view obstruction, including a mutual agreement on costs related to any restorative actions or replacement plantings, in accordance with the provisions of this chapter. If the claimant is seeking to establish a view that did not exist when the claimant acquired the property, and if the tree owner agrees to actions not required by this chapter, the claimant should expect to pay all costs of the actions unless the parties agree on a different allocation of costs for the agreed upon actions. Except as otherwise provided in this section, claims related to the establishment of a view that did not exist when the claimant acquired the property are not governed by this chapter and are not reviewable by a tree arbitration board.

(Ord. No. 2024-21, § II, 11-12-24)

(a)

If the initial reconciliation attempt is unsuccessful, the claimant may propose mediation by serving on the tree owner a written request for mediation. Acceptance of mediation is voluntary, but the tree owner has no more than thirty days after being served with a written request for mediation to accept or reject the offer of mediation, unless otherwise extended by the claimant. If mediation is accepted, the parties shall mutually agree upon a mediator within ten days after mediation is accepted.

(b)

It is recommended that the services of a professionally trained mediator or mediation service be employed. The Department of Conservation and Development will provide, upon request, a list of mediators and mediation services, accompanied by their qualifications, that the parties may review and consider for selection. The fee for mediation services will be determined by the mediator and the parties. The mediator will not have the power to issue binding orders for restorative action but must strive to enable the parties to resolve their dispute at this stage by reaching a mutually agreeable solution to the alleged view obstruction, including a mutual agreement on costs related to any restorative actions or replacement plantings, in

accordance with the provisions of this chapter, thereby eliminating the need for binding arbitration, a factfinding and advisory decision, or litigation.

(Ord. No. 2024-21, § II, 11-12-24)

(a)

The Board of Supervisors may establish or designate one or more tree arbitration boards.

(b)

If the parties are unable to reach agreement through the initial reconciliation process or with the assistance of a mediator, either the claimant or the tree owner may offer in writing to the other party to submit the dispute to binding arbitration before a tree arbitration board. The initiating party shall serve on the other party by personal service or certified mail, return receipt requested, an agreement executed by the initiating party to submit the dispute to binding arbitration. If the non-initiating party concurs, the non- initiating party shall execute the agreement within thirty days after service. Failure to execute the agreement within thirty days after service is a rejection of binding arbitration.

(c)

If the agreement is accepted, the initiating party shall submit a view claim to the Department of Conservation and Development. The filing fee for a view claim will be established by the Board of Supervisors. The initiating party and non-initiating party shall each pay fifty percent of the filing fee, unless the parties agree on a different allocation of filing fee costs. An arborist's report must be submitted with the view claim.

(d)

A view claim must clearly establish all of the following:

(1)

The precise nature and extent of the alleged view obstruction and the manner in which it diminishes the beneficial use, economic value, or enjoyment of the claimant's property, including all pertinent corroborating evidence available.

(2)

The exact location of all trees alleged to cause a view obstruction, the address of the property upon which the trees are located, and the present tree owner's name and address. This requirement may be satisfied by including the tree location, property address, and tree owner information on a valid property survey or plot plan submitted with the view claim.

(3)

Any mitigating actions proposed by the parties involved to resolve the alleged view claim.

(4)

A showing that personal communication between the claimant and the tree owner to resolve the alleged view obstruction as set forth in this chapter failed. The claimant must provide physical evidence that written attempts at reconciliation were made. This evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence to the tree owner.

(e)

The tree arbitration board will review the view claim at a noticed public meeting. At least ten days before the arbitration meeting, notice will be mailed to the affected parties and to the owners of any property within a radius of three hundred feet of the boundaries of the property where the trees are located.

(f)

The arbitration proceeding will be based on available evidence and testimony. Either party to the action may be represented by an arborist or present an arborist's report to the tree arbitration board. The tree arbitration board may recommend the services of other experts to the parties. Each party may present witnesses and question witnesses presented by the other party.

(g)

The tree arbitration board will issue a written decision to the parties. The decision will include the tree arbitration board's findings with respect to the standards listed in Article 816-2.4, required restorative actions, and an allocation of all costs. The physical implementation of a mandated restorative action must begin within ninety days after the arbitration decision is issued and must be completed within one hundred eighty days after the arbitration decision is issued, unless otherwise specified in the decision. If a mandated restorative action will require a permit pursuant to Chapter 816-6, the County Tree Protection and

Preservation Ordinance, the arbitration decision will specify appropriate time limits for obtaining the permit and for beginning and completing the restorative action.

(h)

The decision of the tree arbitration board is final and binding and enforceable under Code of Civil Procedure Section 1280 et seq. The Department of Conservation and Development will record in the County Recorder's office any final decision of the tree arbitration board that provides for limitations on the property of a tree owner.

(Ord. No. 2024-21, § II, 11-12-24)

816-2.608 - Fact-finding and advisory decision by a tree arbitration board.

(a)

If the parties are unable to reach agreement through the initial reconciliation process or with the assistance of a mediator, or do not agree to binding arbitration, the claimant or the tree owner may elect fact-finding and an advisory decision of the tree arbitration board.

(b)

To begin the fact-finding and advisory decision process, the initiating party must submit a view claim and pay the filing fee to the Department of Conservation and Development. The view claim must establish all of the items specified in section 816-2.606(d). An arborist's report must be submitted with the view claim.

(c)

The tree arbitration board is the fact-finding board and will render an advisory decision to the parties. The tree arbitration board will review the view claim at a noticed public meeting. At least ten days before the

meeting, notice will be mailed to the affected parties and to the owners of any property within a radius of three hundred feet of the boundaries of the property where the trees are located.

(d)

The proceeding will be based on available evidence and testimony. Either party to the action may be represented by an arborist or present an arborist's written report to the tree arbitration board. The tree arbitration board may recommend the services of other experts to the parties. Each party may present witnesses and question witnesses presented by the other party.

(e)

The proceeding need not be postponed if any party refuses permission to inspect the premises, refuses to participate in the proceeding, or fails to produce evidence.

(f)

The tree arbitration board will issue a written advisory decision to the parties. The decision will include the tree arbitration board's factual findings with respect to the standards listed in Article 816-2.4, recommended restorative actions, and a recommended allocation of all costs.

(g)

If litigation is required to enforce the decision of the tree arbitration board, there is a rebuttable presumption in favor of the tree arbitration board's decision. The party bringing any private civil action under this chapter must promptly notify the Department of Conservation and Development in writing of the action.

(Ord. No. 2024-21, § II, 11-12-24)

If the initial reconciliation process or mediation fails to resolve the view claim, and if the parties do not choose binding arbitration, the claimant may pursue civil legal action.

(Ord. No. 2024-21, § II, 11-12-24)

Article 816-2.8 Liability and Enforcement

The issuance of a decision by the tree arbitration board does not establish any public use or access not already in existence with regard to the property for which the decision is issued, and does not create any liability for the county or any other public agency or entity with regard to any restorative actions or replacement plantings to be performed.

(Ord. No. 2024-21, § II, 11-12-24)

816-2.804 - Enforcement.

(a)

Violations of this chapter are not misdemeanors or infractions. Enforcement of this chapter is by the involved private parties. A claimant may seek to enforce any restorative action mandated pursuant to this chapter through ordinary legal proceedings.

(b)

This chapter does not preclude any person from separately enforcing, if applicable, the provisions of the Solar Shade Control Act, Public Resources Code sections 25980 through 25986.

(Ord. No. 2024-21, § II, 11-12-24)

Chapter 816-4 - HERITAGE TREE PRESERVATION (HTP) DISTRICT

Article 816-4.2. General

All land within Contra Costa County shall be subject to the provisions in this chapter.

(Ord. 88-83).

(a)

Among the features that contribute to the attractiveness and livability of the county are its heritage trees growing as single specimens, in clusters or in woodland situations. These trees have significant psychological and tangible benefits for both residents of and visitors to the county.

(b)

Heritage trees contribute to the visual framework of the county by providing scale, color, silhouette and mass. Heritage trees contribute to the climate of the county by providing shade, moisture and wind control. Heritage trees contribute to the protection of other natural resources by providing erosion control for the soil, oxygen for the air, replenishment of groundwater, and habitat for wildlife. Heritage trees contribute to the economy of the county by sustaining property values and reducing the cost of drainage systems for surface water. Heritage trees provide landmarks of the county's history, and a critical element of nature in the midst of urban settlement.

(c)

For all these reasons, it is in the interest of the public health, safety and welfare of the county to regulate the removal of heritage trees, to require adequate protection of trees during construction, and to promote the appreciation and understanding of heritage trees.

(Ord. 88-83).

(a)

The community development department, after consulting with and considering the recommendations of the building inspection, public works and agriculture department, may from time to time propose to the board of supervisors regulations to establish procedures to implement this chapter and to make more specific the standards and guidelines prescribed in this chapter. Such regulations as are approved by resolution of the board of supervisors shall have the force and effect of law unless otherwise indicated.

(b)

Regulations may be promulgated to set forth criteria for granting and denying destruction permits and, among other things, to govern the marking of heritage trees and the prevention of excessive pruning.

(Ord. 88-83).

All departments engaged in decisions regarding heritage trees may utilize such qualified arboricultural expertise as is required to implement this chapter in accordance with their current budget accounts.

(Ord. 88-83).

Article 816-4.4. Definition and Designation

"Heritage tree" means:

(1)

A tree seventy-two inches or more in circumference measured four and one-half feet above the natural grade; or

(2)

Any tree or a group of trees particularly worthy of protection, and specifically designated as a heritage tree by the board of supervisors pursuant to the provisions of this chapter, because of:

(A)

Having historical or ecological interest or significance, or

(B)

Being dependent upon each other for health or survival, or

(C)

Being considered an outstanding specimen of its species as to such factors as location, size, age, rarity, shape, or health.

(Ord. 88-83).

(a)

The county or regional planning commission for its territorial area of jurisdiction shall receive nominations through the county community development department from any person for the registration of heritage trees on any property. When any property's owner has not joined with or consented to a nomination, that owner shall be provided timely notice of the date and time at which the planning commission and/or board will consider the nomination.

(b)

If the planning commission approves the nominated trees, this decision shall be forwarded to the board for its consideration. If the board approves the heritage tree designation as recommended, then the tree shall be officially registered by resolution and thereafter a permit shall be required for its removal.

(c)

If the planning commission does not approve a heritage tree nomination, its decision is final unless - appealed to the board pursuant to and otherwise regulated by the special permit provisions of Chapter 26 2.

(d)

The planning commission or board in designating a heritage tree shall consider the criteria of Section 8164.402.

(e)

All designated heritage trees shall be appropriately marked with the permission of involved property owners so as to provide continuing notice to the public of heritage tree status.

(f)

A nomination fee of one hundred dollars shall be imposed per application. An appeal fee of fifty dollars per appeal shall be assessed.

(Ord. 88-83).

Article 816-4.6. Destruction or Removal

Except as provided in this chapter, no person shall destroy or remove any designated heritage tree unless a permit has been obtained therefor. This chapter does not require a permit for nor prevent trimming, pruning, or maintenance of a heritage tree where such does not result in destruction nor substantially change the tree's form or shape.

(Ord. 88-83).

In case of an emergency caused by any designated heritage tree being in a hazardous or dangerous condition requiring immediate action for the safety of structures or human life, such tree may be removed with the permission of the zoning administrator or building inspector if designated by the zoning administrator, without formal application. The zoning administrator may request certification from a tree expert as to the immediate need for action if the need is not clearly apparent.

(Ord. 88-83).

Article 816-4.8. Preservation

When proposed developments or construction encroach into the drip line or a radius of twelve feet from the trunk of any designated heritage tree, whichever is greater, special construction to allow the roots to breathe, obtain water and nutrients shall be required, as determined necessary by the building inspection department to minimize damage to such tree visible above ground level. Excavation, cuts, fills or

compaction of the existing ground surface within the drip line or a radius of twelve feet from the trunk of a designated heritage tree, whichever is greater, shall minimize such damage to the root system so as to result in least damage to such tree. Permission is required prior to back filling. Tree wells may be used where approved by the building inspection department. The cost of required pruning or other treatment to compensate for root damage and/or cost of removal shall be at the expense of the involved developer and/or contractor but may be shared by the owner. Such pruning as is done shall not cause permanent injury or destroy any designated heritage tree.

(Ord. 88-83).

No person shall store or dump any oil, gas, or chemicals that may be harmful to trees, nor place heavy construction machinery or construction materials in the open within the drip line of any designated heritage tree or within a radius of twelve feet from the trunk of such tree, whichever is greater.

(Ord. 88-83).

Burning of any material within or near the drip line of any designated heritage tree shall not be done where such will injure the tree.

(Ord. 88-83).

No person shall attach any wire (except as needed for support) or sign (other than approved tree identification signs) to any heritage tree where such wire or sign may damage such designated heritage

tree.

(Ord. 88-83).

The contractor, developer or owner or any agent thereof shall notify the building inspection department without undue delay of any damage that occurs to any heritage tree during construction. The cost of repair of the damage or tree replacement shall be at the expense of the responsible party and the repair work done according to standards approved by the building inspection department.

(Ord. 88-83).

Article 816-4.10. Permits

(a)

Any application for a permit to destroy, cut down or remove a designated heritage tree shall be submitted to the community development department by the owner or the owner's authorized agent (satisfactory evidence of such authorization to be submitted with the application) on the form provided by the community development department together with any specified fee.

(b)

The application shall contain the location, number, species, size, and heritage designation of the tree to be destroyed, cut down or removed and a statement of reasons for the proposed action, together with such other information as may be required by the community development department.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 88-83).

Before issuing a permit, the zoning administrator shall have inspected or cause to be inspected, the property, the heritage tree that is the subject of the permit, and the surrounding area. A permit shall be granted, modified, conditioned, or denied based upon the following factors:

(1)

The health, damage, danger of falling of the designated heritage tree that is the subject of the permit and whether said heritage tree acts as a host for plants or animals parasitic to other trees which are endangered thereby.

(2)

The presence of public nuisance factors, and the proximity to or interference with utilities, or interference with existing buildings to the extent that a tree or trees cannot be trimmed or buttressed to fit the site.

(3)

The prevention of development as a result of heritage tree protection and preservation.

(4)

The pursuit of good professional practices of forestry or landscape design.

(Ord. 88-83).

The zoning administrator's decision on the permit application is final unless appealed to the planning commission having territorial jurisdiction pursuant to and otherwise regulated by the special permit provisions of Chapter 26-2.

(Ord. 88-83).

(a)

An application for a permit to destroy, cut down or remove any designated heritage tree in connection with any development, shall be submitted and combined with the initial application for approval of the development and shall be considered together with the review and decision on the development.

(b)

The proposed development shall indicate on its plan all trees designated as heritage trees. The heritage trees shall be evaluated and their individual treatment considered with respect to the land use and proposed development.

(c)

The involved planning agency division may grant, grant with modifications or conditions, or deny the requested heritage tree application.

(d)

Any appeal of a decision made by a planning agency division on the requested heritage tree application shall be made in the same manner and subject to the same procedure as a decision on the involved combined planning or subdivision entitlement for the development.

(Ord. 88-83).

In the case of any conflict between the provisions of this chapter and those of Chapter 816-2, the provisions of this Chapter 816-4 shall prevail.

(Ord. 88-83).

Chapter 816-6 - TREE PROTECTION AND PRESERVATION

Article 816-6.2. Title and Purpose

This chapter shall be known as the "tree protection and preservation ordinance" of Contra Costa County.

(Ords. 94-59, 94-22).

This chapter provides for the preservation of certain protected trees in the unincorporated area of this county. In addition, this chapter provides for the protection of trees on private property by controlling tree removal while allowing for reasonable enjoyment of private property rights and property development for the following reasons:

(1)

The county finds it necessary to preserve trees on private property in the interest of the public health, safety and welfare and to preserve scenic beauty.

(2)

Trees provide soil stability, improve drainage conditions, provide habitat for wildlife and provide aesthetic beauty and screening for privacy.

(3)

Trees are a vital part of a visually pleasing, healthy environment for the unincorporated area of this county.

(Ords. 94-59, 94-22).

This chapter's requirements are intended to be in addition to those otherwise required by this code. In the case of any conflicts, the director shall determine the requirements applicable and the director's decision shall be final in the absence of a timely filed appeal pursuant to Chapter 26-2.

(Ords. 94-59, 94-22).

Article 816-6.4. Definitions

The definitions in this article govern the construction of this chapter, unless the context otherwise requires.

(Ords. 94-59, 94-22).

"Arborist" means a person currently certified by the Western Chapter of the International Society of Arboriculture, as an expert on the care of woody trees, shrubs and vines in the landscape, a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists or such other arborist who, after review by the director, is determined to meet the standards established for certified or consulting arborists hereinabove described.

(Ords. 94-59, 94-22).

816-6.4006 - Arborist report.

An arborist report is a report prepared by an arborist on:

(1)

The possible impact of development on trees or existing tree condition;

(2)

The impact of any alteration; and/or

(3)

Restorative or other remedial action that might be feasible to address tree alterations.

(Ords. 94-59, 94-22).

816-6.4008 - Department.

"Department" means the community development department.

(Ords. 94-59, 94-22).

816-6.4010 - Development.

"Development" means any modification of land for human use from its existing state which requires a discretionary entitlement for its establishment or a building and/or grading permit involving a protected tree or trees.

(Ords. 94-59, 94-22).

A development application is an application for development (as defined in this article) requiring either ministerial or discretionary approvals including design review, use permits, subdivisions, rezoning applications, building and/or grading permits.

(Ords. 94-59, 94-22).

"Director" means the director of community development or the director's designee.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 94-59, 94-22).

816-6.4015 - Riparian.

Riparian vegetation is found along creeks and streams. Runoff streams that only carry runoff during the rain seasons in this area are known to support significant riparian vegetation.

(Ords. 94-59, 94-22).

816-6.4016 - Routine pruning.

"Routine pruning" means the removal of dead or dying, diseased, weak or objectionable branches of a tree in a reasonable and scientific manner which does not structurally harm the tree.

(Ords. 94-59, 94-22).

816-6.4018 - Topping.

"Topping" is the removal of the upper twenty-five percent or more of a tree's trunk(s) or primary leader.

(Ords. 94-59, 94-22).

816-6.4020 - Tree.

"Tree" means a large woody perennial plant with one or more trunks, branches and leaves, not including shrubs shaped to tree forms.

(Ords. 94-59, 94-22).

816-6.4022 - Tree removal.

"Tree removal" means the destruction of any protected tree by cutting, regrading, girdling, interfering with water supply, applying chemicals or by other means.

(Ords. 94-59, 94-22).

"Undeveloped property" is:

(1)

A parcel of private land which is vacant or a developed parcel which has remaining development potential;

(2)

A parcel of land which can be further divided in accordance with zoning regulations of the county;

(3)

A parcel of land on which the structures are proposed to be demolished or relocated.

(Ords. 94-59, 94-22).