Below is Section 18.20.060 E (1-2) – Oak Removal Requirements:
Read this section very slowly and ask yourself “what did I just read?” I’ve highlighted important areas that I believe are important to trying to understand this section.
E-(1): I read the last sentence of E.(1) “An oak removal permit…shall be in the form of a County use permit and be subject…in addition to the requirements set forth in this section” as meaning an oak removal permit must be in compliance with everything in Section 18.20.060.
E-(2): Starts with “An oak removal permit may be issued only… (if it) …is consistent with…And is necessary either to: a) ensure the economically viable agricultural use of a parcel, provided that (i) the parcel is a minimum of 160 acres, and (ii)…no more than five oak trees from that parcel during any ten year period; or (b) address one or more of the circumstances set forth in Section 18.20.060(C)(1)-(10).”
Section 18.20.060(C)(1)-(10) deals with the allowable circumstances under which trees can be removed from buffer zones.
A plain reading of these two paragraphs appears to mean that any permit issued under E(1) must comply with all requirements and under E(2) which requires a minimum parcel size of 160 acres. This would seem to mean that parcels under 160 acres cannot receive an oak removal permit. I’m not a lawyer, but it certainly reads that “in addition to the requirements set forth in this section.” As these are the last words of E(1) they must imply there is something more than just E(1) which can only then be the entirety of Section 18.20.060.
Who gets to define the standard used to “ensure the economically viable agricultural use of a parcel”? Talk about confusing and vague. I urge you to read the texts below.
E. Section 18.20.060 – Oak Removal Requirements.
Oak Removal after the Oak Removal Limit is Reached.
1. Once the Oak Removal Limit is reached, removal of any oak woodland or any oak tree of at least five (5) inches in diameter, measured at 4.5 feet above mean natural grade, on private land within the AW district is permitted only pursuant to a County oak removal permit. An oak removal permit for removal of more than ten (10) oak trees on a single parcel within a twelve (12) month period shall be in the form of a County use permit and be subject to all applicable State and County use permit requirements in addition to the requirements set forth in this section.
2. An oak removal permit may be issued only if the County determines or, for a use permit, the Planning Commission or Board of Supervisors finds, that the oak removal complies with the applicable provisions of this Code, is consistent with the policies and standards of the general plan and any applicable specific plan, and is necessary either to: (a) ensure the economically viable agricultural use of a parcel, provided that (i) the parcel is a minimum of 160 acres, and (ii) the permit allows removal of no more than five oak trees from that parcel during any ten year period; or (b) address one or more of the circumstances set forth in Section 18.20.050(C)(1)-(10). These determinations or findings shall be in addition to any other determinations or findings required by County or state law.
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