Title
HEARING - Planning and Building Department, Planning Division, Long Range Planning Unit, recommending the Board consider the proposed amendments to Chapter 130.39 of the Zoning Ordinance (Oak Resources Conservation) and staff recommending the Board take the following actions as recommended by the Planning Commission (Commission) on July 10, 2025:
1) Adopt the Addendum to the County 2017 Biological Resources Policy Update and Oak Resources Management Plan Final EIR, certified in October 2017 (State Clearinghouse No. 2015072031) (Attachment G);
2) Approve and authorize the Chair to sign Urgency Ordinance 5234 (Attachment F), consisting of interim regulations on oak trees, defensible space, and insurance requirements to take effect immediately during the height of fire season for critical protection of public health and safety; and
3) Approve and authorize the Chair to sign Ordinance 5235 (Attachment E) to amend Chapter 130.39, including authorizing corresponding amendments to the Oak Resources Management Plan.
FUNDING: General Fund.
Body
DISCUSSION/BACKGROUND
On April 13, 2021, the Board directed LRP staff to proceed with amendments to Chapter 130.39 based on concerns raised during implementation of the ordinance (Refer to LRP Work Plan for FY 2021-22, File No. 21-0502). These amendments included revisions to address 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 No. 24-0265 and 25-0052), staff held respective Commission and Board workshops to solicit feedback on the preliminary draft amendments. 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. 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 (File No. 25-1000), staff provided an update to the Board. The Board directed staff to: 1) advance the amendments to Chapter 130.39, including minor edits/clarifications recommended by the Board on February 22, 2024, to hearing by the 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 Heritage Trees definition, changes to exemptions for fire-safe activities/fire insurance requirements and single-family parcels, and other clarifying edits.
A summary of the key amendments is included as Attachment C. A redline version of current draft with proposed amendments is included as Attachment D. At the July 10, 2025 Commission hearing (File No. 25-1186), the Commission did not have any additional recommended amendments for the Board’s consideration and possible adoption by voting unanimously 5-0 for recommendation.
Based on Board direction to expedite adoption of the proposed amendments, certain provisions of the proposed amendments related to defensible space and insurance requirements are being presented to the Board for immediate adoption as an Urgency Ordinance 5234 (Attachment F) for purposes of public safety, health, and welfare.
The proposed Ordinance to amend Chapter 130.39 would be effective 30 days after final adoption by the Board.
ALTERNATIVES
The Board may choose not to approve either or both Ordinances or suggest additional revisions to the Ordinances. If the Board should choose not to approve the ordinance to amend Chapter 130.39, existing regulations would remain in place. The new or expanded exemptions for defensible space and insurance requirements would not take effect. If the Board should choose to approve the ordinance amendments without the Urgency Ordinance, defensible space and insurance-related changes would take effect 30 days after adoption.
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Chief Administrative Office - Office of Wildfire Preparedness and Resilience
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for the staff and consultant time associated with this Ordinance update has been included in the FY 2024-25 budget as well as staff time in the FY 2025-26 budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk to obtain Chair’s signature on the original copies of both Ordinances.
2) Clerk to forward one (1) fully executed copy of each Ordinance to the Planning and Building Department, Planning Division, attention Chris Smith.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Thea Graybill, Acting Planning Manager
Planning and Building Department