PJR-152 Oak Use Permit Requirements and Procedures

This document provides instructions on the Use Permit application requirements for projects subject to the Oak Woodland Ordinance. A Use Permit is required for the removal of more than 0.5 acres of native oak trees in an Oak Woodland or more than 0.5 acres of type conversion of Oak Woodland, or any native oak tree removal or type conversion of an Oak Woodland after the one-time zoning permit exemption has been used on a parcel.

On this page:

• Oak Use Permit Requirements and Procedures
• Attachment A. Guideline for the Determination of Oak Ecological Categories
• Attachment B. Guidelines for the Preparation of Alternatives Analysis for each Oak Woodland Ecological Category

Findings

OAK Use Permits will only be approved if the following findings are made:

1. There is no feasible, less environmentally damaging alternative;
2. Any proposed Oak Woodland to be removed will not result in the creation of two (2) or more separate Oak Woodlands as defined by this chapter; and

If Class I Oak Woodlands are proposed for conversion, the conversion provides a clear public need that outweighs the loss of the Oak Woodland. Permit application material should provide sufficient evidence to make the above findings.

Required Materials

Use Permits applications for Oak Woodland Type Conversion shall submit the following information electronically:

1. All applicable forms required for Use Permits:
   1. PJR-001 - Planning Application (PDF)
   2. PJR-126 - Supplemental Application Information (PDF)
   3. PJR-011 - Indemnification Agreement (PDF)
   4. PJR-095 - At-Cost Project Reimbursement (PDF)
2. Proposal Statement. Submit a written description clearly describing intent to convert to a permitted use, the approximate number, size, species, age, and condition of trees to be removed, equipment to be used, method of cleanup, and schedule of operations. Indicate if any new roads will be constructed to implement the conversion.
3. Determination of Oak Woodland Boundaries. The designated Oak Woodland Combining Zone represents the approximate location of Oak Woodlands. Actual Oak Woodland boundaries, or existence thereof, shall be determined by a qualified professional or qualified County staff using on the ground observations and based on at least 1.5 times the distance between trunk and outer extent of canopy of existing native oak trees. Where Oak Woodland was present as of the 2013 VegMap data but native oak trees are no longer present due to factors such as wildfire, satellite imagery or other remote sensing data shall be used to approximate the historical dripline of trees to determine the area of historically occurring woodlands. The Oak Woodland boundary shall be shown on all site plans, improvement plans, and maps associated with the project.
4. Site Plan. Site plans must include, at a minimum, the information required on the PJR-129 Site Plan Requirements for Planning Applications. The site plan shall depict the conversion area showing each area of trees to be removed, and which individual trees that will be removed. The site plan shall include property boundaries, existing improvements, watercourses and other natural features.
5. Biotic Report and Habitat Assessment. A survey must be completed pursuant to survey protocols, to determine if sensitive species are present and if mitigation measures need to be included in development plans.
6. Oak Woodland Conservation Plan. The Oak Woodland Conservation Plan shall, at a minimum, include the Oak Ecological Category Determination (See Attachment A) and the proposed mitigation for the Oak Woodland type conversion.

   Mitigation. Mitigation shall be accomplished by one of the following methods:

   1. Conservation Easement: An executed and recorded conservation easement for double the mitigation rations specified for replanting. Areas under easement must be located in Sonoma County, must contain woodland of equal or greater Oak Woodland Ecological Category, and must contain similar species composition.
   2. Replanting: Replanting of woodland on-site or within Sonoma County consistent with replacement ratios specified below.
   3. Replanting shall be subject to the following standards:

      Oak Woodland Ecological Category	Mitigation Ratio (in acres)
      Class I (Superior Oak Habitat)	3:1
      Class II (Oak Habitat)	2:1
      Class III (Limited Quality Oak Habitat)	1:1

      • Replanting shall include replanting of associated vegetative strata of the converted area including canopy, subcanopy, shrub, herb and bryophyte.
      • Replanting shall have a planning horizon for the establishment of the woodland within 25 years, or other timeline if recommended by a qualified professional and approved by the applicable decision-maker.
      • An annual report shall be prepared and submitted by the applicant to the Department.
      • Any mortality that occurs during the reporting period shall be replaced.
   4. Payment of replacement in-lieu fees may be permitted by the County if replacement or mitigation is infeasible as determined by the County for physical, ecological, legal, or economic reasons. Replacement fees, if applicable, shall be valued using the most recent version of Council of Tree and Landscape Appraisers’ Guide for Plant Appraisal. In-lieu fees may be used to acquire and protect stands of native oak trees in-fee title or through conservation easements; or place and maintain native oak trees and associated woodland vegetation on lands within the County of Sonoma.
   5. Alternative equivalent mitigation may be considered if it will achieve equal or greater benefit than other mitigation measures.
7. Alternatives Analysis. A sequenced alternatives analysis review shall be provided by the applicant. The review shall consist of an examination, in the following order, of avoidance, minimization, and mitigation. See Attachment B.

Supplemental Guidance and Documentation

Attachment A. Guidelines for the Determination of Oak Ecological Categories
Attachment B. Guidelines for the Preparation of Alternatives Analysis

Attachment A. Guideline for the Determination of Oak Ecological Categories

1. Purpose

   The following guidelines are intended to help applicants and/or qualified professionals determine who should be considered qualified to determine Oak Ecological Categories, how the fieldwork should be conducted, and what information should be contained in the report. The Oak Woodland report may be included in a broader biological assessment prepared for the project.

   Oak Woodland Ecological Categories are used to determine appropriate mitigations and make Use Permit findings when needed.

2. Persons Qualified to Conduct Work

   Consultants must possess the following qualifications:

   1. Experience in conducting wildlife and floristic surveys;
   2. Knowledge of oak woodlands and forests, plant taxonomy, plant and forest ecology;
   3. Familiarity with the plants and wildlife of the area, including all listed plant and animal species that may be found there;
   4. Familiarity with the various habitats within which these listed plants and animals are likely to be found;
   5. familiarity with the appropriate state and federal statutes and procedures related to animal and plant surveys and collection;
   6. experience in analyzing the impacts of development on native plants and wildlife; and
   7. appropriately licensed and/or certified to conduct work requiring such license or certification (ie, Registered Professional Forester is required to conduct a forest inventory)

   The following should be used by qualified professionals in the determination of Oak Ecological Categories.

3. Methodology

   Applicants should provide a qualitative assessment of the following factors, including, but not limited to an assessment of the variables under each factor. Matrices are included to assist applicants in making determinations for each factor. Using these matrices, applicants can evaluate their Oak Woodland to determine the ecological category

   Functions, Values, and Services Evaluation

   1. Wildlife Functions:
      1. Ability to provide nesting/breeding habitat for birds, bats, and other wildlife species
      2. Description of the understory habitat
      3. Ability of the Oak Woodland to provide food sources
      4. Ability to provide refugia to wildlife
      5. Ability to provide cover for wildlife species
   2. Values:
      1. Ability to provide fire resilience landscape to surrounding human and wildland communities
      2. Ability to provide a greenbelt
      3. Aesthetic and visual values of the Oak Woodland
      4. Carbon sequestration potential of the Oak Woodland
      5. Historic, cultural, and tribal cultural values
   3. Ecological Services
      1. Shade provisions to the understory habitat, including any streams or watercourses
      2. Provision of allochthonous material to the watershed
      3. Oak Woodland regeneration potential, including understory regeneration

      The following matrix should be used to determine the Ecological Category of the Oak Woodland once the above criteria have been evaluated:

      Category	Functions, Values, and Services Evaluation
      Class III	Minimal to Fair
      Class II	Moderate to Good
      Class I	High to Very High

Wildlife Habitat Potential

The below matrix should be used to evaluate the presence and quality of wildlife habitat present within the Oak Woodland.

Native Oak Species Composition

A qualified professional should complete an inventory of the tree species of the Oak Woodland. The following matrix can be used to determine the Ecological Category of the Oak Woodland.

Additional Criteria to Evaluate Oak Woodland Ecological Category

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Attachment B. Guidelines for the Preparation of Alternatives Analysis for each Oak Woodland Ecological Category

Protection of oak woodlands shall be implemented by a sequenced alternatives analysis review. The review shall consist of an examination, in the following order, of avoidance, minimization, mitigation, social and economic justification, and in the case of Superior Oak Habitat, public need.

Based on the project Oak Ecological Category, the following measures/findings shall be made for the woodland in the alternatives analysis. The analysis shall be submitted as a written report to the Department with the Use Permit application for the Oak Woodland Conversion.

1. Class III (Limited Quality Oak Habitat). Oak woodlands shall be maintained and protected for oak woodlands assigned to the Limited Quality Oak Habitat category unless the applicant demonstrates to the satisfaction of the director the following:
   1. Avoidance. There is no practicable alternative which would have less or no adverse impact on the oak woodland;
   2. Minimization. Buffers of at least 50 feet for remaining oak habitat, or at least 100 feet for other adjacent oak woodlands are maintained; and
   3. Mitigation. The oak forest or woodland is mitigated at a ratio of at least 1:1 in accordance with Section 26-67-060(b).
2. Class II (Oak Habitat). Oak woodlands shall be maintained and protected for oak woodlands assigned to the Oak Habitat category and no lowering of ecological quality shall be allowed, unless the applicant demonstrates to the satisfaction of the director the following:
   1. Avoidance. There is no practicable alternative which would have less or no adverse impact on the oak woodland, based on technical, social and economic criteria, so long as the alternative does not have other significant adverse environmental impacts as determined through an off-site and on-site alternatives analysis. Less damaging non-oak woodland alternatives are presumed to be available, unless clearly demonstrated otherwise;
   2. Minimization. Appropriate and practicable steps have been taken to minimize potential adverse impacts on the oak forest or woodland. The applicant shall minimize all potential impacts foreseeably caused by the project and each application shall include an analysis of the following:
      1. The spatial requirements of the proposed project;
      2. The location of existing structural and natural features that may dictate the placement and configuration of the proposed project;
      3. The overall and basic project purpose of the proposed project and how the purpose relates to the placement, configuration and density of the project;
      4. The sensitivity of the site design to the natural features of the site, including topography, hydrology, and existing plant communities and species;
      5. Direct and indirect cumulative impacts; and
      6. Buffers of at least 100 feet for remaining oak habitat, or at least 200 feet for other adjacent oak woodlands and natural plant communities are maintained.
      7. Mitigation. The oak woodland is mitigated at a ratio of at least 2:1 in accordance with Section 26-67-060(b).
3. Class I (Superior Oak Habitat). Oak woodlands shall be maintained and protected for oak woodlands assigned to the Superior Oak Habitat category and no lowering of ecological quality shall be allowed, unless the applicant demonstrates to the satisfaction of the director the following:
   1. Avoidance, Minimization and Mitigation. Compliance with the requirements for Class II Oak Woodlands is demonstrated; and
   2. Mitigation. The oak woodland is mitigated at a ratio of at least 3:1 in accordance with Section 26-67-060(b).Public Need. The proposed project is necessary to meet a demonstrated public need. For the purposes of this section,
      
      "Public need" consists of the following: important tangible or intangible gains to the society of Sonoma County, the North Bay Region of Counties, and/or the State of California (purely local gains in the area of the project are not societal gains, although societal gains may also be local gains); gains that satisfy the expressed or observed needs of the public; and benefits to society that significantly outweigh the reasonably foreseeable detriments of the project on the environment including the degradation or destruction of the Superior Oak Habitat.
   3. "Necessary" is defined as absolutely required or indispensable, such that the public need could not be achieved by any other needs.