San Benito County Municipal Code Ch. 19.33 Management and Conservation of Woodlands

Section

Cross-reference:

University of California Integrated Hardwood Range Management Program, California Department of Forestry and Fire Protection, A Planner’s Guide for Oak Woodlands, 1993 Berkeley, California

The Board of Supervisors of the County of San Benito finds and declares as follows:

(A) The many benefits that woodlands provide to communities are well known. The woodlands reduce air and noise pollution, provide shade and cooling, furnish habitat for wildlife, stabilize soils and protect against erosion, enhance aesthetics and property values and are an important contributor to community image and quality of life.

(B) Oak woodlands are an integral part of California’s living environment and provide cover, breeding area, and food for over 331 vertebrate species. Of the 632 terrestrial vertebrates (amphibians, reptiles, birds and mammals) native to California, 331 use oak woodlands for food, cover and reproduction.

(C) Mature Blue Oak Foothill Pine, Blue Oak and Valley Oak hardwoods cover portions of western, central, and northeastern areas of the county (265,000 acres +/-) but there is little evidence of successful regeneration. (San Benito County General Plan — Open Space and Conservation Element, Page 9)

(D) (1) One component of the health of a woodlands habitat is the horizontal and vertical arrangement of vegetation (spacing, mix of ages, sizes and species). Piecemeal fragmentation of woodlands habitat will compromise the viability of the resources for range management, wildlife, water and soil quality.

(2) The California Board of forestry policy in its forest and rangeland resources assessment program is for the protection, enhancement and restoration of hardwood habitat to assure that hardwood species are for regeneration, protection of soil and water quality, and provision of sufficient habitat diversity to protect the viability of critical wildlife species. Implementation of the program is passive to some extent and relies on research, education, monitoring and coordination with local governments and private landowners. (Pacific Meridian Resources for Strategic and Resources Planning Program, CDFFP, Protecting Critical Hardwood Resources with Landowner Conservation Incentive Techniques, March 1993)

(E) Woodlands provide a wide variety of functions, values and benefits including essential functional elements of the plant communities and habitat for wildlife that constitute San Benito County’s natural heritage.

(F) Trees stabilize soil and improve water quality by reducing erosion and sedimentation and provision for the natural replenishment of ground water supplies by reducing stormwater runoff.

(G) Woodlands are essential in the preservation and enhancement of aesthetic qualities of the natural and built environments and maintaining the quality of life and general welfare of the county.

(H) Trees assist in reducing air pollution by absorption of carbon dioxide, ozone, particulate matter and oxygen production and counteract the effects of global warming resulting from the depletion of forest and urban trees.

(I) Woodlands conserve energy by means of shade and wind speed reduction and water conservation through reduction of evapotranspiration from the upper layers of soil.

(J) Woodlands promote increased property values.

(1966 Code, § 33-1) (Ord. 757, § 1(part))

The following definitions apply to this chapter.

ARBORIST.

(1) A person currently certified by the western chapter of the International Society of Arboriculture as an expert on the care of trees;

(2) A consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or

(3) Such other qualified professionals who the Director determines have gained through experience the qualifications to identify, remove or replace trees.

BASELINE RETENTION CANOPY SURVEY (BRCS). An aerial photograph taken in 1993 by the United States Department of Agriculture of San Benito County that shows the existing canopy coverage for areas within San Benito County.

CANOPY. The spread of the branches and the area within them from the top of the trunk to the outside diameter edge of an individual tree, massed individuals or massed groupings of trees as shown on the baseline aerial photograph.

CANOPY RETENTION STANDARD (CRS). The allowable amount of canopy removal. It defines a horizontal and vertical relationship between the coverage of vegetation canopies as they cast an overlay above the ground. The specific definitions for the horizontal and vertical retention standard are as follows:

(1) HORIZONTAL RETENTION STANDARD. The acreage of canopy coverage for a specific area when viewed from above. This definition shall apply to individual or massed individual trees within a site. The horizontal retention standards are shown in Table 19.33.007(1).

(2) VERTICAL RETENTION STANDARD. The reduction of the diameter of the outermost edges of the canopy (crown) of an individual tree. The amount of branching to be retained for the individual tree crown during pruning for any reason shall not exceed 25% of the outside diameter of the crown. A cut below the crown is prohibited.

CLEAR CUTTING. The removal of native woodland trees, more than 90% of the baseline retention standard for canopy cover for a specific site over a time period of less than or equal to ten years. Specific canopy reduction standards based upon percentages are shown in Table 19.33.007(1) of this chapter.

CROWN. The area of the tree between the outside diameter of the canopy to its lowermost edge where the primary branching structure meets the trunk and splints into separate multi-branching.

DISCRETIONARY PERMIT. A permit issued by the county on a zoning /development application that requires judgment in making a decision to approve, approve with conditions, or deny an application.

DIRECTOR. The Director of the San Benito County Planning Department or his or her designee.

GRADING. Excavating, filling, dredging, disking, prospecting, exploratory digging and drilling for geotechnical reports.

NATIVE TREE. Any tree listed in Exhibit A, Trees Native to San Benito County.

PERSON. Any individual, firm, association, corporation, organization or partnership, or any city, county, district or the state or any department or agency thereof.

SITE. A parcel, lot or a series of contiguous parcels of land for which a permit is requested or issued to conduct tree removal pursuant to this chapter.

TREE REMOVAL. The destruction of any protected tree or the alteration of any protected tree which may adversely affect the health and survival of the tree. Routine trimming and pruning inconsistent with vertical retention standards is considered TREE REMOVAL for the purpose of this chapter.

WOODLAND. A tree, or combination of trees, occupying an area which includes lower growing forms of vegetation.

(1966 Code, § 33-2) (Ord. 757, § 1(part))

(A) The purpose of this chapter is to establish regulations for the conservation and protection of woodlands in the unincorporated areas of San Benito County by limiting tree removal in a manner which allows for reasonable use and enjoyment of the property. The Interim Woodlands Management Ordinance codified in this chapter will stay in effect until such time as it is replaced by a successor woodland management ordinance.

(B) This chapter is intended to:

(1) Control the removal of protected woodlands and maintain and enhance tree cover on improved and unimproved property to ensure that values and benefits provided by native trees are realized;

(2) Prevent the unpermitted wholesale removal of a majority of native trees on a parcel prior to application for a development permit;

(3) Protect woodland environments on agricultural land through an educational outreach program; and

(4) Educate residents of the county about the functions, benefits and values of woodlands to further the protection, conservation and regeneration of trees.

(C) The Board of Supervisors of the County of San Benito finds it in the public interest to adopt a woodland conservation and protection ordinance for the purpose of promoting the health, safety and general welfare of the residents of San Benito County.

(1966 Code, § 33-3) (Ord. 757, § 1(part))

The following woodland tree removal activities shall be considered exempt from a discretionary permit:

(A) When trees are on slopes of less than 30% grade, the percentage of removal of individual and/or masses of woodland trees is equal to the baseline percentage of the canopy retention percentage in Table 19.33.007(1) subtracted from 100%. For example, if the calculated canopy retention equals 75%, then 25% of canopy may be removed.

(B) Removal of trees or branches that have fallen from natural causes;

(C) Removal of cultivated trees such as nursery stock Christmas trees or the like so long as they have remained in a cultivated state; and

(D) Removal of trees associated with comprehensive statewide eradication of diseased trees with the authorization of the county’s Agricultural Commissioner.

(1966 Code, § 33-4) (Ord. 757, § 1(part))

A discretionary permit shall be required for the removal of woodlands when:

(A) The removal of individual and or masses of trees within woodlands of between 90% and 100% as per the canopy retention standard in Table 19.33.007(1) within a period of ten years; or

(B) Any tree removal is located on slopes greater than or equal to 30%.

(1966 Code, § 33-5) (Ord. 757, § 1(part))

To benefit the public welfare, and to allow woodlands within San Benito County to stabilize from being in a state of decline, it shall be unlawful to perform any of the following modifications: clear cutting, grading in a manner that removes woodlands, vegetation removal and similar projects as defined in this chapter.

(1966 Code, § 33-6) (Ord. 757, § 1(part))

(A) Table 19.33.007(1) shall be used to determine the minimum amounts of woodland canopy that must be retained during site modification or maintenance on any parcel:

Table 19.33.007(1) Canopy Retention Standard Canopy Retention Standard Shall Be the Greater of Column a or Column B:

Table 19.33.007(1) Canopy Retention Standard Canopy Retention Standard Shall Be the Greater of Column a or Column B:

(B) Individual trees and or massed individual trees shall be included in the calculation of canopy retention standard. Example: For 50% baseline canopy, the minimum allowable canopy after modification and maintenance would be the greater of Column A, (0.85 times 50% equals 42.5% canopy) or Column B, (36% canopy). In this example, the minimum allowable canopy after modification and maintenance would be 42.5%. Pursuant to § 19.33.005, if the canopy is located on a slope of 30% or greater the canopy retention area (the percentage of removal of individual and/or masses of woodland trees is equal to the baseline percentage of the canopy retention percentage in this table subtracted from 100%) must be increased by a factor of 50%.

(C) Canopy retention standard shall be applied to retain undisturbed woodlands as a priority over retention of individual trees. No more than 10% of the canopy retention standard may be met by individual trees not included within designated woodlands.

(1966 Code, § 33-7) (Ord. 757, § 1(part))

(A) This chapter shall apply to all unincorporated lands in San Benito County and for which either of the following conditions applies:

(1) Parcels covered by at least 10% woodland vegetation as determined by the baseline retention canopy survey which is on file with the county’s Planning Division; and

(2) Parcels that currently support or historically supported native trees or other woody vegetation but were farmed to agricultural crops at the time of the aforementioned baseline aerial photography.

(B) The County of San Benito shall be authorized to determine whether the provisions of this chapter apply to any specific parcel. The burden of proof that the ordinance should not be applied to a specific parcel shall be on the property owner.

(C) Except as otherwise exempted by this chapter, no person shall do any tree cutting or removal without first obtaining a permit from the Planning Director. A separate permit shall be required for each site. A “tree pruning/removal permit” is not transferable.

(1966 Code, § 33-8) (Ord. 757, § 1(part))

(A) Three sets of plans will be required with all applications for a “tree pruning/removal permit”. Each plan sheet shall be of suitable scale and size. All applications shall be signed by owners of each parcel of property on which tree cutting or removal will be conducted.

(B) Plans shall be drawn to suitable scale and size upon substantial reproducible material and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all other relevant laws, ordinances and regulations. The location of the work, the name and address of the owner, and the parcel number of the property on which the tree cutting is to be done shall be clearly shown on each set of plans. The base line aerials may be the best base for submittals. The plans shall include the following information:

(1) A statement as to the specific intentions or ultimate purpose for which the tree cutting or removal is being done;

(2) General vicinity of the proposed site;

(3) Property limits and contours (USGS contours may be used) of existing ground and details of terrain and area drainage;

(4) Location of any building or structures on the property which may be affected where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed tree cutting or removal;

(5) Approximate start and completion dates; and

(6) Other information required by the county necessary to adequately describe and analyze the proposed project.

(C) Applications for tree cutting or removal that do not contain the required information will not be accepted.

(1966 Code, § 33-9) (Ord. 757, § 1(part))

(A) Issuance. The issuance of a “tree pruning/removal permit” shall be the responsibility of the Planning Director and shall constitute an authorization to do only that work which is described or illustrated on the approved plans and specifications.

(B) Approved plans. When the Planning Director issues the permit, all of the plans and specifications shall be endorsed “Approved”. The approved plans and specifications shall not be changed, modified or altered without written authorization by the Planning Director. All work shall be done in accordance with the approved plans, building permits and this chapter.

(C) Conditions of approval.

(1) In granting any permit under this chapter, the county shall attach such conditions as necessary to prevent creation of a public nuisance or hazard to public or private property. The conditions may include, but shall not be limited to:

(a) Hours and days of week of work performance;

(b) Revegetation plan detailing the revegetation of all exposed surfaces during site modification and maintenance; and

(c) Prohibition of removal of some trees.

(2) All reforestations required as a condition of approval must be initiated at least one year before any permit for clearing, grading or construction is issued. The Planning Director, at his or her sole discretion, may withhold the issuance of any or all permits for longer periods to ensure that an adequate level of reforestation is attained prior to the start of project construction.

(D) Denial of permit.

(1) An application for a “tree pruning/removal permit” shall be denied if the Planning Director makes any of the following findings:

(a) That the proposal is not consistent with the applicable General Plan or Specific Plans adopted by San Benito County;

(b) That the project, as proposed, will cause excessive and unnecessary disturbance of the site or requires excessive cutting on slopes greater than 30% in slope;

(c) That the work proposed will create an unavoidable adverse environmental impact; or

(d) That the work proposed causes a public nuisance.

(2) The county shall notify the applicant in writing of a denial or conditions for denial, and shall state the reasons therefore.

(E) Work time limits. The permit holder shall fully perform and complete all of the work required to be done within the time limit specified. If no time limit is specified, the permit holder shall complete the work within 180 days after the date of the issuance of the permit.

(F) Expiration of permit. Every permit issued under this chapter shall expire if the work authorized is not commenced within 90 days from the date of permit issuance, or if the work authorized is commenced and then suspended for a period of 90 days, unless the suspension is approved.

(1966 Code, § 33-10) (Ord. 757, § 1(part))

The fee for plan check and issuance of a “tree pruning/removal permit” shall be $100.

(1966 Code, § 33-11) (Ord. 757, § 1(part))

The county may require an undertaking of bond, cash deposits or letters of credit for tree cutting or removal in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications will be corrected by replanting. The Planning Director may take action against the bond if a determination is made that specific conditions listed in the permit were not met.

(1966 Code, § 33-12) (Ord. 757, § 1(part))

All tree cutting or removal operations for which a permit is required shall be subject to inspection by the county. The permit holder, or his or her agent, shall notify the county when the operation is ready for final inspection. The required bonding, cash deposit or letter of credit may be released after the county grants a final approval.

(1966 Code, § 33-13) (Ord. 757, § 1(part))

(A) Appellant; appeals body. Any interested party may appeal any final decision of the Planning Director made under this chapter to the Planning Commission or any decision of the Planning Commission to the Board of Supervisors. For the purposes of this section, the Planning Commission or the Board of Supervisors, when acting as the body hearing an appeal, shall be referred to as the “Appeals Body”.

(B) Time for appeal; application; fee; grounds. Any appeal shall be filed with the appropriate appeals body not later than five days after the challenged decision. The appeal shall be made on an application form approved by the Planning Department and accompanied by the required fee. The specific grounds for the appeal shall be stated. Omitted grounds shall not be considered and the appellant’s failure to state a ground constitutes a waiver of the right to subsequently raise the omitted ground.

(C) Hearing; evidence. The appeal shall be a public hearing conducted de novo. The hearing shall commence at the next available meeting date of the appeals body after the filing of the appeal. In no event shall the hearing commence later than 60 days after the filing of the appeal. The hearing may be continued at the discretion of the appeals body; but in no event shall the hearing be continued for more than 60 days, unless consented to by the property owner and the appellant, if other than the property owner. The appeals body shall consider any relevant, reliable evidence. The admission of evidence shall not be governed by the formal rules of evidence. Rather, any evidence which may be relied upon by a reasonable person conducting serious business affairs shall be admitted.

(D) Basis for decision. The appeals body shall state the basis for its decision by written resolution. If the appeals body acts to reverse or modify the decision it reviews, it shall state the nature of the error requiring the reversal or modification.

(E) Notice of appeal. The notice of appeal also shall be given to the property owner if property owner is not the appellant. In all cases, a notice of appeal shall be published in a newspaper of general circulation at least ten days in advance of the commencement of the hearing.

(1966 Code, § 33-14) (Ord. 757, § 1(part))

Any initial decision made by the Planning Director or Planning Commission under this chapter is not final until the later date of either:

(A) If no appeal is filed, the expiration of the time for the filing of an appeal; or

(B) If an appeal is filed, the date a final decision is made by the appeals body hearing the final appeal possible under this chapter.

(1966 Code, § 33-15) (Ord. 757, § 1(part))

(A) Enforcement officials. All departments, officials and public employees of the county which are vested with the duty and authority under the San Benito County Subdivision, Zoning and Code Enforcement Ordinances shall enforce all the provisions of this chapter. Any permit given in conflict with the provisions of this chapter shall be null and void.

(B) Violation of chapter; criminal. Any person, firm or corporation, whether its principal agent or employee or otherwise violating any of the provisions of this chapter, shall be guilty of an infraction, punished as provided in Chapter 1.03 of the county code.

(C) Violation of chapter; public nuisance. Any tree cutting or removal conducted or operated contrary to the provisions of this chapter shall be, and the same declared to be a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of the county code.

(D) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended or shall be deemed or construed to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of the county code is hereby incorporated by reference as though its provisions were fully set forth herein.

(1966 Code, § 33-16) (Ord. 757, § 1(part))

EXHIBIT A: TREES NATIVE TO SAN BENITO COUNTY