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Indybay Feature

Development of Saranap Old Growth Oaks & Potential Native Burial Site

by Oakey-Dokey
On February 25, the Contra Costa Board of Supervisors doomed an old growth grove of oak trees, and an easement trail, by deciding in favor of real estate moguls Tambri Heyden and David Montalbo. Also at issue, is the possibility of Indigenous remains and cultural artifacts on the site. However, it is not too late to stop the construction if people act up and speak out.
Tambri Heyden and David Montalbo challenged Oakland residents and city government as they developed what they claimed was going to be their dream forever home in the Oakland hills. The developers tore up protected plant species, including trees and Manzanitas. They built beyond the legal scope of their permits, damaged the hillside, and harassed their neighbors. As soon as the house was completed, they sold the house, not even spending a single night in it.

They are now repeating this process in the unincorporated community of Saranap, in Contra Costa County, hoping that the county officials would be a bunch of rubes. They presented their concept for their dream forever home, claiming they were ready to settle down and be part of the Saranap community. However, in their way stands a grove of old growth oak trees at West Newell Avenue.

The developers applied for a permit to remove the oaks, and were granted permission to do so. This drew opposition from the community and the California Wildlife Foundation. This past Tuesday was the appeals hearing on the permits. Many speakers urged the Board to save the trees, including Saranap residents, Oakland residents who had past experience with the developers, and the arborist caretaker of the famous 350 year old Danville Oak Tree. The CoCo County Board of Supervisors unanimously sided with the developers, ignoring the ecological evidence.

Under the protections that native oak species have in California, the Supervisors had the ability to deny the permits to remove the oaks. The County Supervisors had the ability to imminent domain the land for the public good. The land has sat unused as the community developed around it. There was a long standing history of this property being accessed by the community, and by local wildlife.

There is a very reasonable belief that the site was never previously developed, because it is the location of a Native burial ground. There are houses to the East and West of this site, but this particularly location has never been used for any development. Native people did live in in the area that became Saranap.

There is also a hiking trail on the western edge of the property that has been used for public access up into the hillside. The developers have strongly implied that they will close off access to this trail, despite it's long-standing historic public use as an access point to get up the hill.

There are still other parts of the permitting process that have to be completed before work starts on this location. There is still time to save these trees, and to preserve this land. No tree is supposed to be cut until the building permits are completed. However, the developers have a history of violating their permits, and may ultimately decided to start removing trees.

Contact information for the Contra Costa Board of Supervisors is here: https://www.contracosta.ca.gov/Directory.aspx?DID=238

For those wishing to monitor the site, and inspect the trees, the location of the land is bordered by Olympic Blvd, and the termination point of West Newell Avenue. The location is bikeable from Lafayette BART.
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by Protect the Land
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BRIEF SUMMARY OF APPEAL POINTS

* The trees proposed for removal should be preserved, especially tree #36 and #37, the two largest trees on the subject property.

* The removal of trees would negatively affect the value of nearby residences.

* The subject property has a General Plan land use designation of Open Space (OS) and cannot be developed.

* There is no indication that the County has reviewed the visual quality of the affected trees.

* The tree permit does not give any options to minimize the damage to the protected trees identified for removal or require the planting of replacement trees.

* The proposed two-story residence will be less than 50 feet from the ridgeline, conflicting with Scenic Resources Policy 9-18 of the Open Space Element of the County’s General Plan.

Sources:
https://www.contracosta.ca.gov/AgendaCenter/ViewFile/Agenda/_12112019-2449 [2 page PDF}
https://www.contracosta.ca.gov/DocumentCenter/View/62044/TP19-0036-web-version [78 page PDF ]
by Protect the Land
sm_old-growth_2.jpg
PATRICIA MCGREGOR AND WILLIAM SCHULTZ (Appellants) -TAMBRI HEYDEN AND DAVID MONTALBO (Applicants and Owners), County File- #TP19-0036: This is an appeal of the Zoning Administrator’s decision to approve a tree permit for the removal of 22 code-protected trees and work within the driplines of six (6) code-protected trees for the purpose of constructing a new, two-story, single-family residence and retaining walls on a vacant parcel. The trees to be removed include thirteen (13) coast live oak trees ranging in size from 7 inches to 43.5 inches in diameter, six (6) valley oak trees ranging in size from 8 inches to 38 inches in diameter, two (2) multi-stemmed California buckeye trees, and one (1) multi-stemmed plum tree. The trees that would be subjected to dripline encroachment include three (3) coast live oak trees ranging in size from 10 inches to 17.5 inches in diameter, including a multi-stemmed coast live oak tree, two (2) coast redwood trees ranging in size from 10 inches to 12 inches in diameter, and one (1) 33-inch valley oak tree. The project is located at the end of West Newell Avenue, south of Olympic Boulevard and west of 2776 West Newell Avenue, in the Walnut Creek / Saranap area of unincorporated Contra Costa County. (Zoning: R-20 Single-Family Residential District) (Assessor’s Parcel Number: 238-050-007)
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