Chapter 8.408 — REGULATION OF TIMBER HARVESTING

The provisions of this ordinance are enacted, in the interest of the welfare of the people of San Mateo County, that the timberlands of the county shall be protected and the ecological balance of such timberlands be preserved and that, in view of the proximity of the timberlands to urban centers of large and expanding population, the unique relationship of the timberlands to other areas of the county, and the unique nature of the timberlands themselves, the enactment of this ordinance is necessary in order to protect and preserve such lands through regulation of forest practices consisting of, but not limited to, matters relating to the following:

1. Soil erosion control

2. Water quality

3. Watershed control

4. Flood control

5. Sustained yield timber production

6. Stand density control

7. Reforestation methods

8. Mass soil movement

9. Submission of logging plans

10. Location and grade of logging roads and skid trails

11. Excavation and fill requirements

12. Fire prevention and control methods

13. Slash and debris disposal

14. Haul routes and schedules

15. Hours and dates of logging

16. Performance bond.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

The Board of Supervisors, as a matter of policy, intends to continue to allow the harvesting of forest products under high performance standards from the private timberlands of this county. In adopting this ordinance, the county intends to establish performance standards which will allow for the continual production of forest products and encourage the maintenance of the open space objectives of the county.

In this ordinance the following definitions shall apply, unless the context clearly requires otherwise:

1. D.B.H. Means the average diameter of a tree, outside the bark, at a point four and one-half feet above the average ground level.

2. FOREST PRODUCT. Means logs, poles, posts, pilings, split products, fuelwood, chips, pulp, or sawdust.

3. HARVEST AREA. Means that area on which timber harvesting is conducted including that area where soil and/or vegetation has been disturbed or damaged by the timber harvesting operation, including road firebreak construction.

4 HAUL ROUTE.

Means any public road within San Mateo County which is to be used to deliver forest products to a point of utilization or disposal.

5. LANDING.

Means that area where forest products are placed on trucks.

6. LOPPING.

Means severing, crushing, or spreading all slash, created by the current operations from felled, broken or pushedover trees of any species so that no part of the slash remains more than thirty (30) inches above the ground.

7. MINIMUM STOCKING.

Means a well distributed stand of live and healthy coniferous trees which meets a combined count of six hundred (600) per acre as follows:

• a. Six hundred (600) established coniferous trees per acre at least three (3) years of ace and not more than four (4) inches d.b.h.; each tree to count as “one” toward meeting stocking requirements.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• b. Two hundred (200) coniferous trees per acre over four (4) inches d.b.h. and not more than twelve (12) inches d.b.h.; each tree to count as “three” toward meeting stocking requirements.

• c. One hundred (100) coniferous trees per acre over twelve (12) inches d.b.h. free from logging damage caused by the current operation, each tree to count as “six” toward meeting stocking requirements.

Redwood root crown sprouts over one (1) foot height will be counted, using the average stump diameter one (1) foot above average ground level of the original stump from which the redwood root crown sprouts originate, counting one sprout for each foot of stump diameter to a maximum of six (6) per stump. Any countable redwood root crown sprout over one (1) foot in height but less than four (4) inches d.b.h. shall be counted as “one” toward meeting stocking requirements.

At least fifty (50) percent of the minimum stocking count per acre (fifty (50) trees per acre) shall be composed of conifer trees over twelve (12) inches d.b.h. and maximum distance between conifer trees over twelve (12) inches d.b.h. shall not exceed fifty (50) feet as measured along the surface of the ground.

8 OLD GROWTH TREE.

Means a tree which is over 200 years old.

9. OPEN BURNING. Means the burning of waste created by timber harvesting operations such as slash.

10. SCENIC CORRIDOR. Means a band of land on either side of an officially designated Scenic Highway for which special development regulations have been established to protect its scenic values.

11. SKIDDING. Means the movement of a forest product by physical means from the point of severing to a landing.

12. SLASH. Means split product material, branches, limbs or stems of any species left in the harvest area as a result of current timber harvesting.

13. SNAG. Means a standing dead tree or standing section thereof regardless of species.

14. STANDS :

• a. “Old Growth Stand” means a group of trees not less than ten (10) acres in size in which prior cutting has not removed more than 20% of the old growth conifer trees by number.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• b. “Prior Cut Stands” means a group of trees which has had prior cutting which removed over 20% of the old growth conifer trees, or a stand, regardless of age of conifer trees, less than ten acres in size.

• c. “Hardwood Stands” means a group of hardwood trees which are designated for timber harvest operations.

15. STREAM COURSES. The various types of stream courses are defined as follows:

• a. “Natural Water Course” means a trench worn in the earth by running water after rains as depicted by contour lines on the most recently published United States Geological Survey 7.5 minute series topographic map, or as is evident on the ground.

• b. “Stream” means a natural watercourse designated by a solid line or dash and three dot symbol shown in blue on the most recently published United States Geological Survey 7.5 minute series topographic map or a natural watercourse that is carrying surface water within the harvest area during the conduct of timber harvesting.

• c. “Intermittent Stream” means a natural watercourse that is not carrying surface water within the harvest area during the conduct of timber harvesting.

• d. “Highwater Mark” - The highwater mark shall be considered as the natural watercourse of any stream.

16. STUMP DIAMETER. Means the average top diameter of the stump of a cut tree outside the bark and shall be interpreted to be one inch greater than d.b.h.

17. THINNING. Means the removal of trees less than 18 inches d.b.h. where removal will improve the growth of remaining trees or utilize trees that might otherwise die.

18. TIMBER. Means trees of any species which are of sufficient size and quality to be capable of furnishing raw material used in the manufacture of forest products.

19. TIMBER HARVESTING. Means the cutting or removal, or both, of timber or other forest products from timberlands for commercial purposes together with all the work incidental thereto such as road building, firebreak construction and fire hazard abatement, but excluding preparatory work such as tree marking and road flagging.

20. TIMBER OWNER. Means any individual, copartnership, corporation or association that owns timber or timber rights on lands of another.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

21. TIMBERLAND. Means land upon which is growing a crop of trees of any species which are of sufficient size and quality to be capable of furnishing raw material used in the manufacture of lumber and other forest products.

22. TIMBER OPERATOR. Means any individual, co-partnership, corporation or association that is engaged in timber harvesting, except a person who is engaged in timber harvesting as an employee whose sole compensation consists of wages.

23. TIMBERLAND OWNER. Means any person, copartnership, corporation or association that owns timberland.

24. TRACTOR TRAIL. Means constructed trails or established paths used to deliver forest products from the forest to a landing by physical means.

25. ROAD. Means roads other than public roads used by trucks going to and from landings to transport logs and other forest products when specifically constructed for this purpose.

26. WATERBREAK. Means a ditch, dike, or dip or combination thereof, constructed across tractor roads, skid trails, firebreaks and truck roads to effectively divert waterflow therefrom and aid in preventing erosion.

No one shall engage in timber harvesting within the County of San Mateo without first securing a permit therefor from the San Mateo County Planning Commission, or Board of Supervisors when an appeal is taken, or from the County Director of Planning and Building.

Permits shall be effective for only that area expected to be harvested during one permit year. Permits shall be effective for one year from the date of issuance. However, no permit shall be considered terminated or closed until April 1st of the year following completion of timber harvesting.

A permit shall be considered as renewal of an existing permit when any one of the following circumstances exist and when application for a permit renewal is received at least three weeks prior to the expiration date of the existing, valid permit.

1. The application for renewal is for securing additional time to complete a timber harvest originally scheduled for completion in one year. The permittee makes no material change in the plans or specifications contained in the original application.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

2. The applicant has submitted with the application for a one-year permit a management plan for the total ownership which, market conditions permitting, requires timber harvesting on a portion of the ownership at yearly intervals. The overall land management plan must have received Planning Commission approval at a previous meeting for an annual permit to be considered as renewal permit. Also, no material change in the land management plan is proposed by the applicant.

The Director of Planning and Building, Planning Commission or Board of Supervisors, may deny a permit or renewal permit for any of the following reasons:

1. If any applicant, i.e., timberland owner, timber owner or timber operator is not a real person in interest.

2. Material misrepresentation, or false statement in the application.

3. If any applicant, i.e., timberland owner, timber owner, or timber operator, is a permittee to a permit where violations to this ordinance or any variance granted under this ordinance exist on the date of consideration of a permit or permit renewal. To be considered a violation to a permit, the permittee must have been notified of violations and given a reasonable opportunity to correct such violations.

4. Refusal to allow inspection of the harvest area by authorized personnel.

5. A permit granted by the Director of Planning and Building, Planning Commission or Board of Supervisors, shall be considered immediately denied when any permittee, i.e., timberland owner, timber owner or timber operator, is changed or added to a permit after a permit is granted where such new or added permittee could not have received a permit under this Section.

6. If specifications in the application do not meet the provisions of this ordinance and the applicants do not apply for a variance to said provisions.

7. If granting the permit is deemed to be contrary to the best interests of the people of San Mateo County taking into consideration the policies and purposes expressed in this ordinance and the rights of private landowners to make reasonable use of their property.

The County Director of Planning and Building may issue one-year timber harvesting permits or renew permits when the following situations exist:

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

1. No new truck roads are to be constructed;

2. No new tractor trails are to be constructed;

3. The retail value of the forest products after harvesting, skidding and splitting (if this is required to sell the products will not exceed $5000.00 for 12 consecutive months from any one ownership.

Permits which cannot be issued by the Director of Planning and Building, or are referred to the Planning Commission by the Director of Planning and Building, shall be issued only after a public hearing. Prior notice of said hearing shall be sent by the Planning Commission to property owners within 2500 feet of the parcel to be harvested, and to domestic water suppliers which watershed includes all or part of the parcel to be harvested.

Permits shall be issued upon a finding that the applicants have complied with and will adhere to the requirements of this ordinance, all special conditions and all applicable laws, and further, that there be no basis for denial under Section 8.404.060.

The Planning Commission, or on appeal, the Board of Supervisors, shall have the authority to provide for any reasonable special conditions to a permit that it may deem necessary to carry out the purposes of this ordinance as provided in Section 8.408.060

In the case of permits issued by the Director of Planning and Building, they shall have the same authority to set special conditions as does the Planning Commission.

In order to protect the health and welfare of the citizens of San Mateo County, and recognizing the critical role domestic water suppliers play in the county, the Planning Commission, or on appeal the Board of Supervisors, shall have the authority to establish stricter conditions to a permit for timber harvesting operation within the watershed above the points of diversion for such domestic water suppliers.

An application for a timber harvesting permit shall be filed jointly by the timberland owner, timber owner and timber operator on a form provided by the Planning Commission. The information required on the application

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

shall be limited to that which is reasonably necessary to evaluate the proposed timber harvesting operation and enforce the provisions of this ordinance.

All applications shall contain, but not be limited to, the following information:

1. Name, address and telephone number of the timberland owner and timber owner, and forestry consultant, if any.

2. Name, address and telephone number of the timber operator and on-the-premises supervisor. If not known at the time of filing, this information is to be submitted at least one week prior to commencement of timber harvesting. Also, the timber operator must sign the application at least one week prior to commencement of timber harvesting, agreeing to abide by all the provisions of this ordinance and any variance granted by the Planning Commission.

3. Signatures of the timberland owner, timber owner, and timber operator, agreeing to abide by the provisions of this ordinance and any variance granted thereunder and all applicable laws.

4. The San Mateo County Tax Assessor Parcel Number for the property on which timber harvesting will take place.

5. The dates within which timber harvesting will take place. If the exact date of commencement is not known at the time of filing, the Planning Commission shall be notified in writing at least one week prior to commencement of timber harvesting.

6. The approximate acreage of the harvest area, and the approximate acreage containing over 80% old growth conifer trees.

7. The cutting specification or specifications to be followed.

8. The type of forest product or products to be harvested.

9. The estimated volume to be harvested.

10. The desired haul route, together with points of disposal or utilization of forest products.

11. A copy of the fire plan required-by Section 916.1 of the Forest Practice Rules for the Redwood Forest District.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

12. Copies of the necessary permits and documents from the State Division of Forestry, the State Fish and Game Department, and the Bay Area Air Pollution Control District. If these documents are not available at the time of filing, they shall be submitted at least one week prior to commencement of the work authorized by the permit or document.

13. A statement authorizing the Planning Commission and persons authorized by it and representatives of the State Forester to enter and inspect the harvest area.

14. A statement as to whether or not tree marking is to take place.

15. If open burning is, to take place, give size and location of slash and debris piles and approximate time necessary to consume a pile once ignited.

16. A statement explaining how property lines are marked and determined on the ground where any harvest area, proposed truck road or proposed tractor trail is to be located within 100 feet of a property line.

17. A statement as to what the timberland owner intends to do with their property following timber harvesting.

18. Where it is desired that the timber harvesting permit be issued by the Director of Planning and Building, a sworn statement by the timberland owner, timber owner, and timber operator is required that

• (a) no new truck roads are to be constructed,

• (b) no new tractor trails are to be constructed,

• (c) the retail value of the forest products after harvesting, skidding and, if necessary, splitting, will not exceed $5000.00 for 12 consecutive months from any one ownership.

19. A statement as to whether timber harvesting has occurred on any portion of the proposed harvest area in the ten-year period prior to filing this application.

Together with the written application, the applicant shall submit an accurate topographic map of a scale not less than eight inches equals one mile, true scale printed upon the map. The following information must be presented upon the map:

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

1. Property lines indicating total ownership upon which timber harvesting is to occur,

2. The harvest area (s) clearly indicating the type of timber stand (s) proposed for timber harvesting,

3. Location of existing and proposed truck roads, showing whether designed to be permanent or temporary.

4. Location of constructed tractor trails proposed within 400 feet of a stream.

5. Location of drainage structures required on truck roads and tractor trails. Attached to the map and a part of the map shall be a specification list for temporary or permanent drainage structures.

For temporary truck roads or tractor roads:

• (a) type of drainage structure;

• (b) if structure is to be a culvert, state diameter and length;

• (c) a statement as to the adequacy of the structure to carry anticipated flows.

(NOTE: Temporary structures shall be removed prior to November 15 of each year and not replaced prior to April 1 of the year following. See Section 8.408.290(J)(1)(d).)

For permanent truck roads:

• (a) type of drainage structure;

• (b) if structure is to be a culvert, state diameter, length and slope at which structure is to be placed;

• (c) contributing drainage area to the structure, in acres;

• (d) formula used and calculations made to determine culvert sizes;

• (e) schematic plans for structure if other than manufactured culverts;

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (f) a statement as to the adequacy of the structure to carry anticipated peak flows and the information used in arriving at such a statement.

6. Location of all buildings in or within 500 feet of a harvest area.

7. Location of existing and proposed log landings.

8. Location of existing and proposed firebreaks.

9. Location of all streams.

10. Location of all points of diversion, pumping or storage facilities for domestic water suppliers in or within 500 feet of a harvest area as shown on a map prepared by the County Health Department on file with the Planning Commission.

In addition to filing Sections 8.408.120 and 8.208.130 above, the truck road, tractor trail and drainage structure locations as shown and required on the map shall be designated on the ground by flagging or other such means so that the county representative may examine the area and easily determine their proposed locations. Property lines shall also be determined on the site where any truck road, tractor trail or harvest area is proposed within 100 feet of a property line. Additional field work shall be required as in Sections 10,450-1 (b), 10,450-2 (b), 10,450-3 (b), 10,452 and 10,453.

The San Mateo County Planning Commission shall immediately forward a copy of the application for a permit to the Deputy State Forester, Monterey, California. In addition, a copy of the application for a permit shall be forwarded to the San Mate County Parks and Recreation Commission.

The Planning Commission, or Director of Planning and Building for those permits to be issued by them, may approve, conditionally approve, or reject an application for a variance to any provision of this ordinance as an alternate to any requirement of this ordinance. Variance requests which are commensurate with the provisions of this ordinance and which accomplish silvicultural and protectional management of the land in conformance with the purpose and policy of this ordinance, in the opinion of the Planning Commission, will be approved.

Applications for variance must be accompanied by a statement of specific Section or Sections of this ordinance which are to be varied from, as well as where, within the harvest area, the variance would occur; what the

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

applicant wishes to substitute in place of the rub or regulation; and what the advantages would be if the variance were to be granted. If necessary, a map may accompany the application for variance.

Permittees may request variances to the provisions of this ordinance and/or modifications to the application approved by the Planning Commission by filing an application for variance and paying the filing fee of $50.

All items, Sections 8.408.120 through 8.408.150 must be submitted or completed in a clear and adequate manner before an application for a permit will be accepted by the Planning Commission.

If, following office and field examination, the county representative determines that the information submitted or field work is not acceptable due to inaccuracy or poor workmanship, then the county representative shall inform the applicant of deficiencies and advise the Planning Commission at the appropriate public hearing, or the Director of Planning and Building if the permit is to be considered by them, that deficiencies are apparent and the county representative cannot properly evaluate the proposed timber harvesting operation until such deficiencies are corrected. The Planning Commission, or Director of Planning and Building, may then deny the permit for material misrepresentation in the application as required in Section 8.408.060(2)r continue the hearing to allow the applicant sufficient time to correct the deficiencies and the county representative to make recommendations to the Planning Commission.

All the information contained on the application for a timber harvesting permit which is not in conflict with this ordinance or any other rules of governmental agencies shall be a part of the permit. Those items contained on the application which are in conflict with this ordinance but for which an application for variance has been received and granted shall be a part of the permit. Information contained on the application which is in conflict with this ordinance and for which no application for variance has been received, or has been received but not granted, shall not be a part of the permit. Minor adjustments and variations from the application, Sections 8.408.120 through 8.408.140 such as small changes in road and landing location, harvest area, cutting boundary, tree marking, etc., may be approved by the county representative. Substantial or significant changes must be brought before the Planning Commission as a request for a variance as per Section 8.408.160.

At the time of issuance, the applicants for a permit shall become jointly and individually the permittees and shall be responsible for compliance with this ordinance, special conditions, and provisions of any variance granted.

Applications for permits or permit renewals which may be issued by the Director of Planning and Building.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (1) Permit application shall be accompanied by a non-refundable fee of $25.00.

• (2) Renewal permit application shall be accompanied by a non-refundable fee of $15.00.

Application for permits or permit renewals which must be considered by the Planning Commission:

• (1) Permit application shall be accompanied by a non-refundable fee of $1.00 per acre of harvest area with a minimum charge of $25.00 and a maximum charge of $100.00.

• (2) Renewal permit application shall be accompanied by a non-refundable fee of 50¢ per acre of harvest with a minimum fee of $25.00 and a maximum fee of $50.00.

Inspection fees, for permits or permit renewals which may be issued by the Director of Planning and Building, shall be at the rate of 25¢ per acre of harvest area. The inspection fee is a one-time only charge for each acre of harvest area.

Inspection fees for permits or permit renewals which must be considered by the Planning Commission shall be at the rate 50¢ per acre of harvest area with a minimum charge of $25.00. The inspection fee is a one-time only charge for each acre of harvest area.

The Planning Commission shall require a cash deposit or bond or its equivalent payable to the County of San Mateo when it is deemed necessary to insure compliance with the provisions of this ordinance and any special conditions. Said cash deposit or bond shall be deposited by the timber operator in such amount as the Planning Commission may set provided such amount shall not exceed $7,500.00 per 100 acres of harvest area unless a larger amount is determined to be necessary to assure repair to county roads. Said cash deposit or bond shall encompass the permit period ending April 1 of the year following completion of timber harvesting.

The Planning Commission shall require the timberland owner to post a cash deposit or bond or its equivalent in an amount not to exceed $1,500 per 100 acres of harvest area. Said cash deposit or bond or its equivalent shall encompass two winter maintenance periods, November 15 through April 1, following termination of the timber operators period of responsibility. Should the timberland owner during the term of this bond sell the property upon which harvesting occurred, then it shall be their responsibility to inform the new property owner of the obligations contained in this ordinance.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

A timber harvesting permit shall not be valid and timber harvesting shall not occur until fees and cash deposits or bonds as required in Sections 8.408.200 through 8.408.220are posted with the Planning Commission.

All the provisions, except as specified herein, of the following acts, statutes, ordinances and rules and regulations adopted thereunder are incorporated herein by reference and shall apply to all timber harvesting operations unless stricter provisions are contained in this ordinance:

1. State Forest Practice Act

2. State Fish and Game Code

3. State Fire Laws

4. Porter-Cologne Water Quality Control Act

5. Bay Area Air Pollution Control District

6. All other applicable federal, State and local laws and regulations.

The Planning Commission or, on appeal, the Board of Supervisors, may require the permittee to comply with special conditions over and above those found in this ordinance where any harvesting area is located on the east or bay side of Skyline Boulevard. The Board of Supervisors herewith finds that this area is critical to the health, welfare, environmental, ecological and aesthetic interests of the people of San Mateo County.

The issuance of a timber harvesting permit shall not include the right to establish a sawmill, either permanent or temporary.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

The Planning Commission or, on appeal, the Board of Supervisors, may regulate days and hours of timber harvesting when, in its opinion, such operations will create a serious public nuisance to resident population. Regulations will concern themselves with controlling those operations which create noise pollution.

A. Log hauling on public roads shall be in accord with the following rules:

1. Log hauling on public roads is not permitted on Saturdays, Sundays or on those days which are officially designated as non-working days for the following holidays: New Years Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

2. The Planning Commission or, on appeal, the Board of Supervisors, may restrict or not permit log hauling during periods of time when such hauling will interfere with commute traffic.

3. The Planning Commission or, on appeal, the Board of Supervisors, may conditionally accept or modify the haul route as specified in the management plan.

4. Permittee shall protect county roads from excessive damage and shall repair any damage beyond normal wear and tear resulting from their timber harvesting operation.

5. The Planning Commission or, on appeal, the Board of Supervisors, shall require the permittee to post special traffic signs and/or flagmen where determined to be necessary to prevent a serious hazard to traffic. After permit is granted, county representative shall have the authority to regulate and/or require traffic signs and/or flagmen.

6. The Planning Commission may make any reasonable restriction on log hauling routes, times and dates that in its opinion will pre-vent hazardous conditions from arising during school busing times. The Planning Commission shall immediately upon the filing of an application for a timber harvesting permit, communicate in writing with the Superintendent of Schools, of all School Districts through which a haul route may be granted, requesting that The Commission be immediately informed in writing of the routes and hours of school busing and the dates when busing will occur on the haul routes and of any roadways the Superintendent of Schools considers to be hazardous to student transportation if log hauling is conducted.

B. LEAVE TREE REQUIREMENTS.

Other than in Skyline Scenic Corridor and roadside areas, timber cutting mutt be done in accordance with the following specifications.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

1. OLD GROWTH STANDS:

   • a. Leave 40% by number of those live coniferous trees 18 Winches d.b.h. and larger, provided that the leave stand contains 25% of the 30 inches to 60 inches d.b.h. coniferous trees present prior to logging and 15% of those coniferous trees above 60 inches d.b.h. present prior to logging. No cutting of conifer trees less than 18 inches d.b.h. shall occur. In addition to meeting the above requirement, each old growth stand must meet the seed tree requirement as stated in Section 913.1 of the Forest Practice Rules for the Redwood Forest District. The timber operator is encouraged to leave said coniferous trees over 30 inches d.b.h. in such locations and grouped in such a saner as to minimize the risk of windthrow and maximize streamside, scenic and recreational values.

g the above requirement, each old growth stand must meet the seed tree requirement as stated in Section 913.1 of the Forest Practice Rules for the Redwood Forest District. The timber operator is encouraged to leave said coniferous trees over 30 inches d.b.h. in such locations and grouped in such a saner as to minimize the risk of windthrow and maximize streamside, scenic and recreational values.

• b. At the option of the applicant, trees desired to be cut shall be marked and the marking subject to approval by the Planning Commission. Stump marks shall be provided. Applicant shall advise the county representative well in advance of the Planning Commission hearing if they determines to premark.

2. PRIOR CUT STANDS:

   • a. Leave 40% by number of those live coniferous trees measuring 18 inches and larger d.b.h. present prior to timber harvesting. Thinning of coniferous trees over 12 inches but less than 18 inches d.b.h. is permissible from dense thickets as long as leave trees in such thickets shall number 50% and be the dominant trees with full, well formed crowns on at least two of the four faces of the crown. No point within the cut area shall be more than 75 feet from a conifer leave tree over 12 inches d.b.h. located within the cut area. Further provided, no point within the cut area shall be more than 4C feet from a conifer or hardwood leave tree ten inches or more in d.b.h.

   • b. At the option of the applicant, trees desired to be cut shall be marked and the marking subject to approval by the Planning Commission, or Director of Planning and Building as the case might be. Stump marks shall be provided. Applicant shall advise the county representative well in advance of the Planning Commission hearing if they determines to premark.

3. HARDWOOD STANDS:

   • a. Leave 40% by number of those live hardwood trees measuring four inches and over d.b.h. and 50% by number of those hardwood trees under four inches d.b.h. present prior to timber harvesting. In addition, all hardwoods over 36 inches d.b.h. shall be left uncut and undamaged by the current operation. No point within the cut area shall be more than 75 feet from a hardwood leave tree over four inches d.b.h. located within the cut area.

   • b. At the option of the applicant, trees desired to be cut shall be marked and the marking subject to approval by the Planning Commission or Director of Planning and Building as the case might be. Stump marks shall be provided. Applicant shall advise the county representative well in advance of the Planning Commission hearing if they determines to premark.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

A . GENERAL . Timber harvesting within specified roadside zones shall be conducted in a manner which will reduce the visual impact of timber harvesting on passing motorists.

Consideration shall be given by the Planning Commission and the Board of Supervisors to the fact that these areas are already designated as scenic corridors in some cases and will be in other cases. The proposed or potential future uses will be considered in making a determination of cutting requirements.

1. SCENIC CORRIDOR SPECIFICATIONS. The permittee may be required to comply with special conditions attached to their permit covering timber harvesting operations on any portion of the harvest area which is within the designated Skyline Scenic Corridor. Within this scenic corridor, additional restrictions will, if deemed necessary, concern themselves with maintaining the scenic corridor In an aesthetically acceptable condition. Timber harvesting within the scenic corridor may be restricted up to the following limits:

   • a. The permittee shall be permitted to remove at least 50% of those conifer trees measuring 32 inches d.b.h. and larger, and at least 50% of those conifer trees measuring less than 32 inches d.b.h. and more than 18 inches d.b.h. or at least 50% of those hardwood trees measuring 36 inches d.b.h. and less. The Planning Commission shall have the discretion of determining what trees must remain following timber harvesting. However, the leave by volume shall not be required to exceed 50% of the before harvest volume.

   • a. The location of truck roads, tractor trails, and/or landings must meet the approval of the Planning Commission prior to construction.

2. ROADSIDE CORRIDOR SPECIFICATIONS. Timber harvesting within 100 feet, as measured along the ground surface, from the edge of the road berm along both sides of all public roads (except Skyline Boulevard) shall be conducted as set forth below, where necessary to protect aesthetic values.

   • a. The permittee shall be permitted to remove at least 50% of those conifer trees measuring 32 inches d.b.h. and larger and at least 50% of those conifer trees measuring less than 32 inches d.b.h. and more than 18 inches d.b.h. or at least 50% of those hardwood trees measuring 36 inches d.b.h. and less. The Planning Commission shall have the discretion of determining what trees must remain following timber harvesting. However, the percent leave by volume shall not be required to exceed 50% of the before harvest volume.

   • b. The location of truck roads, tractor trails, and/or landings must meet the approval of the Planning Commission prior to construction.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• c. In lieu of the roadside corridor specified in Section 8.408.290 (A)(2) the county representative may delineate on the ground that area where the ground surface is readily visible, or will be readily visible following timber harvesting, to passive motorists, provided that the area contained in such visual impact area shall not exceed the acreage contained in a roadside corridor the length of the harvest area road frontage with a fixed width of 100 feet. Upon establishment of a visual impact area, the requirements of 8.408.290(A)(2)(a) and (b)) shall apply only to the visual impact area.

3. FIELD WORK REQUIRED. For the county representative to properly advise the Planning Commission, it is required that the applicant mark trees desired to be cut, and flag proposed truck roads, tractor trails, and landings.

So as not to unnecessarily delay the consideration of a timber harvesting permit before the Planning Commission, the applicant is advised to mark trees and flag roads, trails and landings prior to submission of an application for timber harvesting permit. A county representative will assist in this work if given sufficient advance notice.

B. CUTTING TO MORE THAN ONE CUTTING RULE. If more than one cutting rule shall be used within any individual timber harvesting operation or harvest area, a line delineating the area to be cut under provisions of each shall be clearly defined on the ground by paint or other means for the inspection of the county representative prior to the Planning Commission hearing for the timber harvesting permit.

C. EXCEPTIONS TO CUTTING RULES. The cutting requirements provided herein shall not prohibit the cutting or removal of trees for the purpose of clearing rights-of-way, log landings or firebreaks, or the cutting or removal of competing hardwood trees from a predominant conifer stand for the purpose of promoting the growth of the conifer trees.

A timber harvesting permit is required for such removal of competing hardwoods when the hardwood is removed as a forest product.

D. LEAVE TREES AND SPACING.

For all cutting rules, leave trees shall be thrifty vigorous trees with well formed full crowns, free from damage caused by timber harvesting operations. With the exception of old growth conifer leave trees over 30 inches d.b.h., all leave trees shall be well distributed within the harvest area. For the purpose of these cutting rules, well distributed shall mean the spacing of leave trees on any reasonably sized area of less than five acres and shall reflect the before-harvest distribution of trees, reduced by a factor equal to the permissible cut.

E. PROTECTING LEAVE TREES.

For the purpose of protecting from damage those leave trees and young growth required to be left standing after timber harvesting and fire hazard abatement, as required in this ordinance and to maintain the productivity of the forest lands and soils, every timber operator shall exercise due diligence in the management and operation of felling, skidding and loading of timber or any activity connected therewith, to prevent damage to those leave trees and young growth.

rowth required to be left standing after timber harvesting and fire hazard abatement, as required in this ordinance and to maintain the productivity of the forest lands and soils, every timber operator shall exercise due diligence in the management and operation of felling, skidding and loading of timber or any activity connected therewith, to prevent damage to those leave trees and young growth.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

F. FELLING. Trees shall be felled to the fullest extent possible that topography lean of tree, landings, utility lines, local obstructions and safety factors permit, in line with skidding direction, away from roads, and with minimum damage to leave trees and reproduction.

Trees shall be felled so that the branches will not enter a stream.

G. PREVIOUS CUT STANDS. On timber harvesting operations in which cutting has occurred within ten years preceding the current operation, stumps which are the result of cutting trees within the preceding ten years will be counted as trees cut during the current operation in determining percent of trees cut. This paragraph shall be null and void ten years after adoption of this ordinance.

H. FREQUENCY OF TIMBER HARVEST OPERATIONS. Conifer and hardwood stand timber harvesting shall be limited to only one operation in any ten-year period of time, provided that, following the ten-year period, minimum stocking has been obtained. In the case of hardwood stands, substitute the word “hardwood” where conifer or redwood appears in the definition of minimum stocking. To determine if minimum stocking has been obtained, the applicant or their representative shall accompany the county representative on a joint inspection of the proposed harvest areas.

I. TANBARK OPERATIONS PROHIBITED. Peeling of tanoak trees for the production of bark for commercial purposes is prohibited.

J. GENERAL CONSTRUTION SPECIFICATIONS

1. Location Requirements. The location of truck roads, tractor trails, firebreaks and landings shall not:

• a. Adversely effect the stability of property owned by others;

• b. Cause soil to be deposited on property owned by others;

• c. Cause excessive erosion and landsliding;

• d. Contribute significantly to the degredation of water quality.

2. Stream Crossings. All truck road and tractor trail crossings of streams will be provided with temporary or permanent drainage structures which will adequately carry water under the road or trail without the water being contaminated or polluted with soil or organic material throughout the entire period of timber harvesting. All stream crossing structures shall be installed concurrently with true road and tractor trail construction. All stream crossings shall be subject to approval by the Planning Commission or, on appeal, the Board of Supervisors.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• a. Stream crossings which are to be placed in streams which are supporting a fish population at the location of the crossing shall be installed so as not to prohibit the passage of fish.

• b. Permanent drainage structures shall be approved only if their installation, sizing, and location meets with the approval of the Planning Commission.

• c. Materials to be used for permanent stream crossings must meet the approval of the Planning Commission.

• d. Temporary drainage structures and associated fill material shall be removed on or before November 15 of each year and not replaced prior to April 1 of the following year.

3. Intermittent Stream Crossing. Unless provided with permanent drainage structures as provided for in Section 10,501, all fill material deposited for truck road or tractor trail crossings of intermittent streams shall be removed prior to November 15 and not replaced prior to April 1 of the following year. In lieu of removing fill, the county representative may require an alternate method of providing a near erosionless channel through which water shall be diverted.

A. LOCATION. All truck road locations shall be subject to the approval of the Planning Commission. Truck roads which are approved as to location by the Planning Commission and constructed in accordance with this Chapter shall be exempt from the San Mateo County On-site Grading Ordinance. Roads which are not to be or cannot be constructed in accordance with these specifications may require that on-site grading permits be obtained prior to construction, or be subject to any special conditions deemed appropriate by the Planning Commission.

B. USE OF EXISTING ROADS. Truck roads existing prior to application for a timber harvesting permit may be used regardless of location when, in the opinion of the Planning Commission their tine will result in less around disturbance and stream contamination than a new road constructed in accordance with this Chapter.

C. ROAD CONSTRUCTION ON STEEP SLOPES. Truck roads shall not be constructed on slopes where the crossslope exceeds 70% or have road grades that exceed 20% except that these percentages may be exceeded by a factor of 50% on 100 feet of each 1000 feet of road construction.

D. WIDTH OF ROADS. Truck roads shall be constructed to single-lane width (approximately 15 feet) with turnouts at reasonable intervals. Both roads and turnouts shall be no wider than necessary to permit safe passage of log trucks and equipment.

E. ROAD CUT BANKS. Truck roads shall be constructed with no overhanging banks and any trees with more than 25% of the root surface exposed by reason of road construction shall be felled concurrently with timber

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

harvesting. Where road cuts exceed 6 feet in vertical height all trees over 6" d.b.h. for a distance of 8 feet as measured along the ground at right angles from the top of cut may be required to be cut by the county representative.

F. SWITCHBACKS. Switchbacks, 180° turns, on truck roads shall be constructed using a radius which will give an effective 1½:1 slope, between the inside edge of lower roadway to outside edge of upper roadway and not be constructed on slopes over 40 percent as measured directly between the entrance and exit points of the proposed switchback.

G. FOLLOW CONTOUR OF LAND. Roads are to be laid out and constructed in such a manner that the general contours of the land are utilized to the fullest extent possible to avoid excessive cuts, fills and road grades that will increase erosion.

A. LOCATION. Pursuant to the provisions of this ordinance, the location of all tractor trails shall be subject to the approval of the Planning Commission or county representative. Advance flagging and approval of constructed tractor trails shall be required wherever necessary to ensure that the location and design meets the provisions of this ordinance.

B. LIMITATIONS. Tractor trails shall be limited in number and width consistent with sound forest management practices.

C. SKIDDING. Due diligence shall be exercised in skidding operations to prevent damage to leave trees, reproduction and other soil protective vegetation.

D. STREAM CROSSINGS. All tractor trail stream crossings shall be temporary.

E. PARALLEL TO SLOPE. To minimize soil excavation, tractor trails shall be constructed perpendicular to the contour as nearly as practicable.

F. PARALLEL TO WATERCOURSES. Tractor trails shall not be constructed parallel to natural watercourses where such construction will likely cause major soil movement.

G. EXISTING TRACTOR TRAILS. Tractor trails existing prior to application for a timber harvesting permit may be used regardless of location when, in the opinion of the county representative or Planning Commission, their use will result in less ground disturbance and stream contamination than a new trail constructed in accordance with this Chapter.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

A. LOCATION. Pursuant to the provisions of this ordinance, the location. of all landings shall be subject to the approval of the Planning Commission or county representative. Advance flagging and approval of landings shall be required wherever necessary to ensure that the location and design meet the provisions of this ordinance.

B. LIMITATIONS. Landings shall be kept to the minimum in size and number consistent with sound forest management practices.

C. SLOPE LIMIT. Landings shall not be constructed where the cross-slope exceeds twenty-five percent.

D. OPEN AREA. Whenever practicable, landings shall be constructed in open areas.

A. MAINTENANCE OF WATER QUALITY. Not withstanding any provision of this ordinance, it shall not be construed in any way to condone any activity which causes significant degradation of water quality.

B. EROSION CONTROL. Tractor trails, landings, truck roads and firebreaks shall be so located, constructed, used and left after timber harvesting that water flow therefrom and water flow in natural watercourses shall limit erosion to a reasonable minimum, and not impair the productivity of the soil or appreciably diminish the quality of the water.

C. STREAMSIDE BUFFER STRIP. Construction of truck roads, tractor trails and landings shall only be permitted when it is clearly shown that there is a protective strip between the proposed construction and the stream having sufficient filter capacity to effectively remove waterborne sediment to prevent any serious risk that construction and use of said facilities will cause significant degradation of water quality. Where it is determined that the filter capacity of the protective strip is insufficient, additional erosion control may include, but is not limited to, any or all of the following:

• 1.. Increased width of the protective strip;

2. Decreased interval between waterbreaks;

3. Treatment of the travelled surface to protect soil from erosion;

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

4. Treatment of fill slopes to protect soil from erosion which may include installation of down drains;

5. Installation of slope obstructions between the toe of the fill and the stream;

6. Seeding or planting of disturbed areas where bare soil is exposed to protect the soil from erosion.

If, in the opinion of the Planning Commission, an adequate protective strip cannot be provided then the truck road, tractor trail, and/or landing shall not be approved.

D. WATERBREAKS. Waterbreaks shall be constructed in all truck roads, tractor trails and firebreaks no later than November 15. Waterbreaks shall:

1. Be located in minimal fill areas;

2. Be effective in diverting surface water from the truck road, tractor trail or firebreak;

3. Provide unrestricted discharge into an area having sufficient filter capacity to effectively remove waterborne sediment to prevent a serious risk of causing significant degradation of water quality;

4. Be installed at such intervals as is necessary to reasonably prevent surface water on or from such truck roads, tractor trails and firebreaks from accumulating in sufficient volume or accelerating to sufficient velocity to cause excessive erosion.

• E. WATERBREAK INTERVAL. The following table will aid in determining waterbreak interval:

1. On grades of 10% or less - at intervals of 100 to 200 feet;

2. On grades of 11-25% - at intervals of 75 to 150 feet;

3. On grades of 26-49% - at intervals of 50 to 100 feet;

4. On grades of 50% or more - at intervals of 30 to 75 feet.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

Advance flagging of waterbreak location shall be required wherever necessary to insure that the location and spacing of the waterbreaks is adequate to prevent water flow from creating a serious risk of causing significant degredation of water quality.

F. WATERBREAKS ON PERMANENT ROADS. On permanent truck roads, waterbreaks shall be cut a minimum of 12 inches into the firm road surface and shall be constructed so that they will not be rendered ineffective by the passage of motorized vehicles. Such breaks may be spread over sufficient length of road to permit passage of vehicles.

G. WATERBREAKS ON TEMPORARY TRUCK ROADS, TRACTOR TRAILS AN FIREBREAKS. On temporary truck roads, tractor trails and firebreaks, waterbreaks shall be cut a minimum of six inches into the firm soil and shall have a continuous firm embankment of sufficient height so as to discourage attempts to pass over or around them with motorized vehicles.

H. OUTSLOPED DRAINAGE. Outsloped drainage structures may be constructed in lieu of waterbreaks. Such structures may be outsloped dips or the entire travelled surface may be outsloped with sections of berm removed at periodic interval... to permit water to flew from the travelled surface. (Note: Location and spacing of outflow points is the same as for waterbreaks.)

I. EMERGENCY MEASURES. In an emergency, should weather and/or soil conditions prevent :installation of waterbreaks as specified above prior to November 15, then the drainage of truck roads, tractor trails and/or firebreaks shall be maintained by hand to prevent excessive erosion until permanent facilities can be installed.

J. WHEN WATERBREAKS ARE NOT FEASIBLE. Wherever terrain or any other factor precludes proper diversion of waterflow from tractor trails as required herein, slash shall be scattered on said tractor trails in sufficient quantity to retard waterflow thereon and hold erosion to a minimum.

K. BERMS. Roadside berms shall be constructed where necessary to guide surface waterflow to the point of planned diversion and prevent unnecessary erosion of fills and side cast material.

L. SLOPE STABILIZATION. To provide an effective cover, all side cast and fill material that exceeds five feet in slope distance at right angles to the road shall be seeded, planted or treated for prevention or reduction of soil erosion. Such work shall be completed within 15 days following the first rain in the fall season, but in no case later than November 15.

M. STREAM PROTECTION. Streams shall be kept free of slash.

N. REMOVAL OF TEMPORARY STREAM AND INTERMITTENT STREAM CROSSINGS. All temporary drainage facilities and associated fill material shall be removed frog temporary truck road and tractor trail crossings of streams and intermittent streams prior to November 15 and not replaced before April 1 of the following year.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

O. WINTER SHUT-DOWN PERIOD. The operation of heavy equipment si.ch as trucks and tractors within the harvest area is prohibited between November 15 and April 1. During this period, when the soil is not so wet that operation of heavy equipment may cause excessive damage to the land, the county representative may authorize the operation of heavy equipment. Such authorization shall be in writing and shall be based on the individual circumstances of each timber harvesting operation and may be revoked by the county representative at any time either by telephone, in writing or in person. Once revoked, said authorization can be reinstated only in writing by the county representative.

P. SPECIAL RULES FOR WINTER OPERATIONS AUTHORIZED PER SECTION 408.330 (O).

1. Use of temporary truck roads is prohibited

2. The installation of temporary stream crossings is prohibited

3. All skidding operations shall be confined to that area designed to deliver forest products to one landing. All erosion control structures, bars, dips, and the like required by this ordinance shall be installed prior to vacating one landing and moving to another.

4. The permittees shall install all erosion control structures required by this ordinance concurrently with the timber operations.

Q. RESPONSIBILITY FOR INSTALLATION AND INITIAL MAINTENANCE OF EROSION CONTROL FACILITIES. The

timber operator is responsible to ensure that all erosion control facilities are constructed prior to November 15 of the current year and that said erosion control facilities are maintained in affective condition through April 1 of the following year. Should the timber operator fail, after being contacted in writing, to provide the required erosion control measures, the county is authorized to perform the required work to correct the violation and to assess the timber operator accordingly, and charge all reasonable costs against the timber operator’s security deposit.

R. RESPONSIBILITY FOR CONTINUED MAINTENANCE OF EROSION CONTROL FACILITIES. Upon expiration of

timber operator’s period of responsibility, the timberland owner is responsible to ensure that erosion is effectively controlled. Should the timberland owner fail, after being contacted in writing, to effectively control erosion, the county is authorized to perform the work required by this ordinance and to assess the timberland owner accordingly, and charge all reasonable costs against the timberland owner’s security deposit. Said security deposit, as per Section 8.408.220, shall encompass two years following completion of the timber operator’s term of responsibility.

S. CONTINUING RESPONSIBILITY OF TIMBERLAND OWNER. After the termination of the two-year maintenance period, the landowner shall be responsible for corrections of any damage to surface waters as the result of the timber harvesting operations.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

A. SLASH TREATMENT. All slash created by current timber harvesting shall be lopped in no case later than April 1 of the year following the creation of the slash.

B. SLASH TREATMENT ADJACENT TO ROADS AND BUILDINGS. The area within 50 feet, as measured along the ground surface, of dwellings, appurtenant structures and the edge of travelled surface of public roads shall be kept free of slash.

C. SNAGS. All snags over twenty feet in height and eight inches d.b.h. within the harvest area shall be felled prior to April 1 of the year following timber harvesting.

D. FIREBREAKS. Wherever practicable and useful, considering factors such as soil erosion, practicality of defending the firebreak in event of fire, extent of uncontained slash, proximity of more defensible existing barriers and other factors relating to the effectiveness of and need for firebreaks vs. the extent of damage and disturbance caused by their construction, all areas of slash shall be concurrently with timber harvesting, broken-up into blocks surrounded by firebreaks of not less than fifteen feet in width from which all inflammable material has been cleared. Existing roads, trails, streambeds or other natural fire barriers may be considered as firebreaks when not less than the minimum width and clear of all inflammable material as required herein. Streams may be considered as firebreaks regardless of width.

E. FIREBREAKS ON WINTER OPERATIONS. Areas of slash created between November 15 of one year and April 1 of the following year shall have firebreaks constructed concurrently with timber harvesting provided however, that in the event construction of the required firebreaks concurrently with timber harvesting is rendered impossible as a result of weather conditions, the required firebreaks shall be constructed as soon thereafter as weather conditions will permit, but in no event later than June 15 of the aforesaid following year to constitute compliance with this rule.

F. PROTECTING LEAVE TREES. Slash and debris shall not be bunched or bulldozed adjacent to leave trees, during and after construction of truck roads, tractor trails, landings and firebreaks.

G. BURNING OF SLASH AND DEBRIS. All open burning shall be done only with the approval of the State Forester and the Bay Area Air Pollution Control District. Open burning will be subject to certain meteorological conditions as specified by the State Forester and the Air Pollution Control Officer.

A. PERMISSION TO ENTER HARVEST AREAS. The filling for application for a timber harvesting permit shall constitute a grant of permission for county personnel concerned with administering this ordinance to enter the subject harvest area at their convenience from the date of application to the termination of the waterbreak

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

maintenance period for the purpose of inspecting said harvest area for compliance with these rules and applicable law. The county will be supplied with a key or combination to locks installed or access control devices or shall be permitted to install a county lock.

B. INSPECTIONS. The Planning Commission shall cause sufficient inspections to be made of the harvest area to assure compliance with the provisions of this ordinance and the requirements of applicable law. Upon completion of any inspection, the permittee shall be given a written notice of any violations observed at the time of inspection for correction thereof.

C. FINAL INSPECTION. Upon notification by the permittee that operations have been completed upon any harvest area, the Planning Commission shall cause a final inspection to be made of said area. At the completion of any final inspection, the Planning Commission shall give notice to the permittee of any violations for correction thereof.

D. VIOLATIONS. Violations of this ordinance shall be punished as provided for in Sections 1.08.010 to 1.08.050 of the San Mateo County Ordinance Code.

E. OPERATING WITHOUT PERMIT - MISDEMEANOR. Any timberland owner, timber owner or timber operator who engages in timber harvesting or conspires with another to engage in timber harvesting without a valid timber harvesting permit to do so from the Planning Commission or the Director of Planning and Building is guilty of a misdemeanor.

F. PERMIT REVOCATION. The Planning Commission may, upon giving notice to the permittee, revoke any permit, or revoke and reinstate any permit upon suitable conditions, if the timber operator fails, neglects or refuses to fulfill any of the requirements of this ordinance or conditions of the permit or violates any provisions of applicable law. Due to the very nature of timber harvesting, minor violations or variations to rules and regulations will occur from time to time. Infrequent, minor violations and variations will be documented by the county representative and administered at staff level. Should repeated violations, or a major violation occur, then the county representative shall bring the matter to the Planning Commission after proper notices have been given. The Director of Planning and Building may request the District Attorney (without approval of the Planning Commission or the Board of Supervisors) to secure an injunction to stop all timber harvesting should time be of the essence. The Director of Planning and Building shall immediately notify the Planning Commission and Board of Supervisors in writing of their action.

er notices have been given. The Director of Planning and Building may request the District Attorney (without approval of the Planning Commission or the Board of Supervisors) to secure an injunction to stop all timber harvesting should time be of the essence. The Director of Planning and Building shall immediately notify the Planning Commission and Board of Supervisors in writing of their action.

G. APPEAL. The applicant, or any other person who is aggrieved by the issuance or nor.-issuance of the permit or any conditions thereof, may appeal.

1. Permits considered by the Director of Planning and Building may be appealed to the Planning Commission by filing a written protest with the Secretary of the Planning Commission within ten days of the issuance or denial of said permit.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

2. Permits considered by the Planning Commission may be appealed to the Board of Supervisors by filing a written protest with the Secretary of the Planning Commission within ten days from issuance or denial of said permit. The Board of Supervisors shall hear such appeal within 30 days, and its decision shall be final.

H. SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such validity or constitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.

(Prior code Division VI, Part One – Amended by Ordinance No. 2143)