§ 22.58.020. Applicability.

A.

Location. This ordinance applies to sites located outside of Urban or Village areas within the inland portions of the unincorporated areas of San Luis Obispo County. This ordinance does not apply within the Coastal Zone.

B.

Oak woodland. This ordinance applies to the clear-cutting of oak woodland only. It does not apply to the removal of individual oak trees except for Heritage oaks, woodland thinning, tree trimming, or oak trees that are diseased, dead or that are creating a hazardous condition.

C.

Preemption/emergency. This ordinance is not applicable to activities preempted by state or federal law (including activities performed by public utility companies), emergencies as declared by county, state or federal officials, or emergencies as determined by the Planning Director pursuant to Section 22.62.080.

D.

Residential development. This ordinance does not apply to the establishment of residential land uses that otherwise require a ministerial (non-discretionary) land use permit.

Note: Residential development may be subject to discretionary approval as required by other standards of this Code (Title 22, Land Use Ordinance) or through an application for a land division pursuant to Title 21, Real Property Division Ordinance, of the County Code. Discretionary land use permits and land division applications are subject to the California Environmental Quality Act (CEQA), where potential impacts associated with tree removal may be evaluated and mitigated.

E.

Conservation easement. This ordinance does not apply to Sites under a conservation easement Civil Code Section 815-816 that provides specifically for the management of oak woodland.

F.

Timing. This ordinance applies to oak woodland clear-cutting activities occurring on or after the effective date of this ordinance only.

[Added 2017, Ord. 3346]