To: Sonoma County Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Robert Aguero, Senior Environmental Specialist, (707) 565-3718
Vote Requirement: Majority
Supervisorial District(s): Countywide, excluding Coastal Zone
Title:
Title
Tree Protection Ordinance Update (ORD21-0001) Second Reading
End
Recommended Action:
Recommended action
Adopt an Ordinance amending Chapters 25 (Subdivision Ordinance) and 26 (Zoning Ordinance) to update tree protection regulations and find the Ordinance exempt from CEQA (CEQA Guidelines Sections 15307, 15308, 15061(b)(3)) - Second Reading
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Executive Summary:
On April 16, 2024, the Board of Supervisors introduced, read the title of, and waived further reading of an Ordinance amending Sections 26-02 (Definitions), 26-88-080(M) (Tree Protection Ordinance), 26-88-140 (Minor Timberland Conversions), and 26-88-160 (Major Timberland Conversions), 25-2 (Definitions), and 25-44 (General Requirements) of Sonoma County Code. This item is returning on consent for the second (waived) reading and final adoption.
Discussion:
The attached Ordinance and its Exhibits A and B (Attachments 1, 2 and 3) modernize the existing Tree Protection Ordinance and associated regulations by:
A. Expanding the Tree Protection Ordinance to require mitigation for more tree removals.
B. Modifying the definition of “protected species” to include more native species.
C. Lowering the size threshold of protected trees from 9 to 6 inches in diameter.
D. Exempting removals for public safety, defensible space, and basic property maintenance.
E. Providing mitigation options including replanting or paying updated fees commensurate with the Consumer Price Index increase with an option to utilize a tree appraisal for individualized mitigation determination for tree removal occurring pursuant to use permits.
At the hearing on April 16, 2024 on the waived first reading of the proposed Tree Protection Ordinance, the Board of Supervisors acted to move the Ordinance forward for approval with three changes, specifically: (1) Striking the word “commercial” from references to agriculture (See specifically, Section 26-88-010(M) B.5. i., ii., and iii.), (2) striking the clause referring to landowner in the forestry activities exemption, (See specifically, Section 26-88-010(M) B.3.iv., clause to be stricken: “…or when performed by a landowner, who is a natural person, on lands owned by them.”); and (3) aligning the ordinances mitigation fee for ministerial permits to to CPI (Consumer Price Index), with direction to staff to pursue a fee study for future potential fee increases.
In addition to moving the ordinance forward to the second hearing, the Board also directed staff return to review the ordinance in two years following adoption.
The adoption of Tree Protection Ordinance is scheduled for approval following a (waived) second reading of the ordinance because it contains changes to Chapter 25, which is not a zoning ordinance. Ordinances that purely amend the zoning code are not subject to a second reading under Planning and Zoning law. The Oak Woodland Ordinance that was adopted on April 16, 2024 only changes the zoning code, and does not require a second read for that reason.
The Tree Protection Ordinance will be effective 30 days after final adoption, except that the Ordinance’s adjusted fees will be effective 60 days after final adoption of the Ordinance to conform to Government Code §66017(a).
The temporary urgency measures that the Board of Supervisors adopted in December 2023, and extended in January 2024, that imposed a moratorium, with limited exceptions, on protected tree removal, will expire on May 31, 2024.
Strategic Plan:
Updating tree protection regulations will increase climate resiliency by preserving the County’s tree and forest resources, which act as the County’s most important carbon sinks. The proposed land use policies provide flexibility and adaptability to reflect the diversity of ecosystems across the County. These policies will help achieve the objective of maximizing carbon sequestration and minimizing the loss of the County’s forest carbon sinks.
This item directly supports the County’s Five-year Strategic Plan and is aligned with the following pillar, goal, and objective.
Pillar: Climate Action and Resiliency
Goal: Goal 5: Maximize opportunities for mitigation of climate change and adaptation through land conservation work and land use policies
Objective: Objective 2: Develop policies to maximize carbon sequestration and minimize loss of natural carbon sinks including old growth forests, the Laguna de Santa Rosa, and rangelands. Encourage agricultural and open space land management to maximize sequestration
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
5/18/2021 - Board Workshop (informational item only, no action taken)
11/28/2023 - Board holds public hearing
12/12/2023 - Board adopts Ordinance 6460, establishing temporary moratorium on limited tree removal and oak woodland conversion until January 26, 2024
1/23/2024 - Board adopts Ordinance 6462, extending the temporary moratorium on limited tree removal and oak woodland conversion until May 31, 2024
3/5/2024 - Board Workshop (direction given, no action taken)
4/16/2024 - Board holds public hearing to introduce, read the title of, and waived further reading of the ordinance. In separate action, Board adopts an ordinance amending Chapter 26 of the County Code to add the Oak Woodland Combining District, rezone certain parcels to apply the District, and update the Valley Oak Habitat Combining District
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
N/A
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Att 1 TPO Ordinance
Att 2 TPO Ordinance Exhibit A
Att 3 TPO Ordinance Exhibit B
Att 4 Report on CPI Adjustment to Fee
Att 5 TPO Ordinance CEQA Notice of Exemption
Related Items “On File” with the Clerk of the Board:
None.