§ 22.58

This ordinance establishes criteria to limit the clear-cutting of oak woodland. The intent of this ordinance is to maintain the character of the existing landscape and promote oak woodland management independent of regulation.

[Added 2017, Ord. 3346]

A.

Location. This ordinance applies to sites located outside of Urban or Village areas within the inland portions of the unincorporated areas of San Luis Obispo County. This ordinance does not apply within the Coastal Zone.

B.

Oak woodland. This ordinance applies to the clear-cutting of oak woodland only. It does not apply to the removal of individual oak trees except for Heritage oaks, woodland thinning, tree trimming, or oak trees that are diseased, dead or that are creating a hazardous condition.

C.

Preemption/emergency. This ordinance is not applicable to activities preempted by state or federal law (including activities performed by public utility companies), emergencies as declared by county, state or federal officials, or emergencies as determined by the Planning Director pursuant to Section 22.62.080.

D.

Residential development. This ordinance does not apply to the establishment of residential land uses that otherwise require a ministerial (non-discretionary) land use permit.

Note: Residential development may be subject to discretionary approval as required by other standards of this Code (Title 22, Land Use Ordinance) or through an application for a land division pursuant to Title 21, Real Property Division Ordinance, of the County Code. Discretionary land use permits and land division applications are subject to the California Environmental Quality Act (CEQA), where potential impacts associated with tree removal may be evaluated and mitigated.

E.

Conservation easement. This ordinance does not apply to Sites under a conservation easement Civil Code Section 815-816 that provides specifically for the management of oak woodland.

F.

Timing. This ordinance applies to oak woodland clear-cutting activities occurring on or after the effective date of this ordinance only.

[Added 2017, Ord. 3346]

22.58.030 - Definitions.

"Canopy" means the overhead covering of a tree or trees formed by its foliage.

"Contiguous Trees" means adjacent trees where the tree canopies may, in some instances, touch or overlap.

"Clear-cut" means the removal of contiguous trees that occupy an area of one acre or more within an Oak Woodland from a Site or portion of a Site for any reason, including the harvesting of wood, or to enable the conversion of land to other land uses.

"Heritage oaks" are any individual oak species, as defined by this ordinance, of 48 inches diameter at breast height (dbh) or greater, separated from all Stands and Oak Woodlands by at least 500 feet.

"Oak Woodland" means a grouping of trees over one acre in area growing in a contiguous pattern and on a site of sufficiently uniform quality that is distinguishable as a unit, including any Stand within 500 feet; where the dominant trees are one or more of the following species: Blue oak (Quercus douglasii), coast live oak (Quercus agrifolia), interior live oak (Quercus wislizeni), valley oak (Quercus lobata), and California black oak (Quercus kelloggii).

ea growing in a contiguous pattern and on a site of sufficiently uniform quality that is distinguishable as a unit, including any Stand within 500 feet; where the dominant trees are one or more of the following species: Blue oak (Quercus douglasii), coast live oak (Quercus agrifolia), interior live oak (Quercus wislizeni), valley oak (Quercus lobata), and California black oak (Quercus kelloggii).

"Oak Woodland Management Plan" means a plan prepared that provides for the long-term conservation and maintenance of the oak woodland, including but not limited to programs for the maintenance, regeneration and enhancement of the woodland, and the associated woodland habitat and monitoring programs to ensure the objectives of the plan are continuing to be met.

"Site" for the purposes of this ordinance, means any lot or parcel of land or contiguous combination thereof, under the same ownership.

"Stand" means an individual oak tree or a grouping of contiguous oak trees that occupy less than one acre of area where the dominant trees are one or more of the following species: Blue oak (Quercus douglasii), coast live oak (Quercus agrifolia), interior live oak (Quercus wislizeni), valley oak (Quercus lobata), and California black oak (Quercus kelloggi) separated by more than 500 feet from the nearest Oak Woodland.

"Thinning" is the removal of individual trees for the purpose and intent of oak woodland management to improve the health of the oak woodland and where such thinning would not adversely affect the health or substantially alter the density of the oak woodland.

"Tree removal" means to sever or displace the above-ground portion of a tree using manual, mechanical, or chemical means, which results in the death or stumping of the tree.

[Added 2017, Ord. 3346]

22.58.040 - Clear-cutting of Oak Woodlands.

A.

Prohibition on steep slopes. Clear-cutting of Oak Woodlands on slopes of 30 percent or greater is prohibited on any site in any land use category, except for the following:

1.

As specified in an approved Oak Woodland Management Plan, pursuant to Section 22.58.070.

2.

To establish a fence line, where the amount of tree removal is the minimum necessary to install adequate fencing.

3.

To create a fire break or conduct a prescribed burn in consultation with or as required by Cal Fire or other applicable fire agency with fire safety jurisdiction.

B.

Clear-cutting of Oak Woodland on slopes of less than 30 percent slopes. Clear-cutting of Oak Woodland on slopes of less than 30 percent is allowed as follows:

As allowed as a component of the granting of a Minor Use Permit or Conditional Use Permit, pursuant to Section 22.58.050 for an allowed use as identified in Table 2-2 or for the harvesting of wood where no land use is proposed.

2.

As specified in an approved Oak Woodland Management Plan, pursuant to Section 22.58.070.

3.

To establish a fence line, where the amount of tree removal is the minimum necessary to install adequate fencing.

4.

To create a fire break or conduct a prescribed burn in consultation with or as required by Cal Fire or other applicable fire agency with fire safety jurisdiction.

[Added 2017, Ord. 3346]

A.

Clear-cutting of one to three acres of Oak Woodland. Minor Use Permit approval is required to clear-cut between one (1) and three (3) acres of a Site's Oak Woodland over a ten year period. Clear-cutting shall be cumulative where clear-cutting may not exceed the maximum allowable by this section during one event or multiple events occurring over a ten year period.

B.

Clear-cutting of more than three acres of Oak Woodland. Conditional Use Permit approval is required to clear-cut more than three (3) acres of a Site's Oak Woodland over a ten year period. Clear-cutting shall be cumulative where the clear-cutting may not exceed the permitted amount during one event or multiple events occurring over a ten year period.

C.

Removal of Heritage Oaks. Minor Use Permit approval is required to remove any Heritage Oak.

[Added 2017, Ord. 3346]

An Oak Woodland Management Plan may be used to allow clear-cutting of Oak Woodland. Plans shall be administered by the landowner or land manager. The cumulative amount of clear-cutting allowed in an Oak Woodland Management Plan, as defined by this ordinance, shall not exceed 5 percent of a Site's total Oak Woodland Canopy, or result in the conversion of the Oak Woodland for an allowed use as identified in Table 2-2, without an approved land use permit pursuant to Section 22.58.050.

Plan Preparation and Verification. Oak Woodland Management Plans shall be prepared by a qualified individual acceptable to the Director of Planning and Building. A list of qualified individuals can be found at the Department of Planning and Building. The plans shall be verified for consistency with this ordinance (Chapter 22.58) by the Planning Director and filed with the Department of Planning and Building. The plan at a minimum shall include:

A.

Site location. Address or Assessor Parcel Number(s);

B.

Objectives. Maps, or other information demonstrating how the objectives specified in the Oak Woodland Management Plan will be accomplished; and,

C.

Timeframe. A proposed time frame, not to exceed ten years. Time frames may be extended or renewed, however, not prior to the final year of the plan. All extensions or renewals shall be consistent with this Title as applicable at the time.

D.

Conservation Easement. Landowner may elect to place the Site covered by the Oak Woodland Management Plan into a conservation easement pursuant to Civil Code Section 815-816.

During the initial time frame set out in the Oak Woodland Management Plan, the landowner shall not be subject to amendments to the Oak Woodland Ordinance, Chapter 22.58, et. seq. unless the Board of Supervisors places a moratorium on oak tree removal throughout the inland portions of the County.

[Added 2017, Ord. 3346]

In the event of a violation of this Ordinance or any requirement imposed pursuant to this Ordinance, the County may, in its discretion and in addition to all other remedies, take such enforcement action as is authorized under Title 22 and Title 1 of the County Code and any other action authorized by law, including without limitation enforcement through a civil injunction or the imposition of penalties up to $25,000 per violation. No development, planting, or cultivation of the site will be allowed for a period of not less than seven years after the violation, except as authorized by an approved Conditional Use Permit.

[Added 2017, Ord. 3346]

ARTICLE 6 - LAND USE AND DEVELOPMENT PERMIT PROCEDURES Chapter 22.60 - PERMIT APPLICATION FILING AND PROCESSING