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The provisions in this Chapter, except those of § 88.01.090 (Tree Protection From Insects and Disease), shall not apply to the removal of regulated trees or plants that may occur in the following situations. Removal actions shall not authorize the removal of perch trees within an identified American Bald Eagle habitat.
(a) Timber Operations. Removal as part of a timber operation conducted in compliance with the Z’berg-Nejedly Forest Practice Act of 1973 (Public Resources Code §§ 4526 et seq.).
(b) Government Owned Lands. Removal from lands owned by the United States, State of California, or local governmental entity, excluding Special Districts (i.e., Special Districts shall be subject to the provisions of this Division.).
(c) Public Utilities. Removal by a public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised cable TV, where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned, topped, or braced.
(d) State Agencies. Removal by, or under the authority of, the State of California:
(1) Department of Forestry and Fire Protection.
(2) Forest Improvement Program.
(3) Agricultural Conservation Program.
(e) Government Laws. Removal required by other codes, ordinances, or laws of the County, State, or United States.
(f) Emergency. Removal of native trees and plants that are an immediate threat to the public health, safety, or welfare and that require emergency removal to prevent probable damage to a structure or injury to people or fenced animals.
(g) Forest Stocking Control Program. Removal as part of a stocking control program prepared by a California Registered Professional Forester.
(h) Fire Hazard Reduction Program. Removal as part of a fire hazard reduction program approved by the Fire Chief.
(i) Bona Fide Agricultural Activity. Removal as part of a bona fide agricultural activity, as determined by the Director, which is one of the following:
(1) Conducted under a land conservation contract.
(2) An existing agricultural activity, including expansions of the activity onto undisturbed contiguous land.
(3) A proposed bona fide agricultural activity (i.e., an agricultural activity that is served by a water distribution system adequate for the proper operation of the activity).
(A) The Director shall be given 30 days’ written notice of the removal describing the:
(I) Location of the land.
(II) Nature of the proposed activity.
(III) Proposed sources of water for the activity.
(B) The Director shall notify the landowner in writing before the elapse of the 30-day period if, in the opinion of the Director, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide.
(j) Parcel less than 20,000 Square Feet Developed with Primary Structure. Removal on parcels that have a net area of 20,000 square feet or less and that are developed with a primary structure, other than a sign structure.
(k) Located Within 20 Feet of Permitted Structure. Removal from a parcel of a regulated native plant or tree that is within 20 feet of a structure that was constructed or set down on the parcel under a County development permit.
(l) Private Fuel Wood. Removal of two or fewer regulated native trees in the Mountain Region or Valley Region per year per acre for private fuel wood purposes. The year shall be measured as the last 12 consecutive months.
(m) Oak Woodlands. The following projects shall be exempt from the conditions for mitigating the conversion of oak woodlands required in § 88.01.050(e) (Native Tree or Plant Removal Permits - Conditions of Approval), below, in compliance with Public Resources Code § 21083.4:
(1) Projects undertaken in compliance with a Natural Community Conservation Plan or subarea plan within a Natural Community Conservation Plan, as approved in compliance with Fish and Game Code §§ 2800 et seq., that includes oaks as a covered species or that conserves oak habitat through natural community conservation preserve designation and implementation and mitigation measures that are consistent with this Chapter.
(2) Affordable housing projects for lower income households, as defined in Health and Safety Code § 50079.5, that are located within a city’s sphere of influence.
(3) Projects on agricultural land within an Agricultural Land Use Zoning District that includes land used to produce or process plant and animal products for commercial purposes.
(4) Projects undertaken in compliance with a State agency’s regulatory program certified in compliance with Public Resources Code § 21080.5.
(Ord. 4011, passed - -2007)