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Hearing to consider: Planning and Building Department, Long Range Planning (LRP) Unit, proposed amendments to Chapter 130.39 of the Zoning Ordinance (Oak Resources Conservation) and County Oak Resources Management Plan (ORMP) and staff recommending the Planning Commission forward the following recommendations to the Board of Supervisors:
1) Adopt the Addendum to the County 2017 Biological Resources Policy Update and Oak Resources Management Plan (FEIR), certified in October 2017 (State Clearinghouse No. 2015072031) (Legistar attachment B) demonstrating that the analysis in that FEIR adequately addresses the potential physical impacts associated with implementation of the amendments to Zoning Ordinance Chapter 130.39 (Oak Resources Conservation) and ORMP and the amendments would not trigger any of the conditions described in California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164 calling for the preparation of a subsequent EIR or negative declaration based on the analysis prepared; and
2) Approve the amendments to Chapter 130.39 of the Zoning Ordinance (Oak Resources Conservation) as presented and corresponding amendments to the ORMP as warranted for consistency with the amendments to Chapter 130.39, based on the Findings in Attachment B and guidance from the Commission and Board.
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DISCUSSION/BACKGROUND
On April 13, 2021, the Board directed LRP staff to proceed with focused Zoning Ordinance amendments based on concerns raised by staff and decision-makers during implementation of the ordinance over approximately the past five years (Refer to LRP Work Plan for FY 2021-22, File No. 21-0502). Board-directed amendments included revisions to Chapter 130.39 of the Zoning Ordinance (Oak Resources Conservation).
On December 7, 2021 (File No. 21-1753), the Board approved Agreement 5857 with Dudek Consulting to assist staff with focused amendments to Chapter 130.39 to clarify and address issues related to applicability to public lands, in-lieu fee calculations, mitigation timing for subdivisions, Heritage Tree definitions, exemptions for non-subdividable single-family parcels and personal use, use of security deposits and processing of oak tree/woodland removal permits.
On February 22, 2024, and January 14, 2025, (File 24-0265 and 25-0052) LRP staff held respective Commission and Board informational workshops to solicit feedback on the preliminary draft amendments based on the Board’s goals. At both workshops, the Commission and Board supported the proposed amendments to Chapter 130.39 with recommended edits which have been incorporated into the draft amendments as appropriate. At the Board workshop, the Board also directed staff to evaluate the scope, cost and timeline of two additional potential exemptions: 1) removal of live oak trees and 2) roadside oak trimming/removal for wildfire prevention.
On June 17, 2025, staff provided an informational update to the Board and requested guidance regarding the processing of the potential exemptions. At the meeting, the Board directed staff to: 1) advance the draft amendments to Chapter 130.39, including minor edits/clarifications recommended by the Board on February 22, 2024, to hearing by the Planning Commission; 2) not pursue either exemption at this time due to budget considerations; and 3) expedite adoption of the proposed amendments.
The proposed amendments to Chapter 130.39 contain various updates for consistency with state law and Chapter 8.09 of the County Ordinance Code (Hazardous Vegetation and Defensible Space). The proposed amendments also contain clarifications to existing regulations, including applicability to public projects, in-lieu fee calculations, the definition of heritage trees, and changes to exemptions for fire safe activities/fire insurance requirements and single-family parcels among other revisions and clarifying edits. A summary of the key amendments is included as Legistar attachment C. The current draft of the proposed amendments is included as Legistar attachment D.
Based on Board direction to expedite adoption of the proposed amendments, certain provisions of the proposed amendments related to defensible space and insurance requirements will separately be presented to the Board for immediate adoption as an Urgency Ordinance.
CONTACT
Thea Graybill, Acting Planning Manager
Planning and Building Department