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January 2007
California Oak Report
WBC Oak Conservation Money Available
The Wildlife Conservation Board (WBC) currently has funding for counties that have qualified for grants under the Oak Woodlands Conservation Program. According to program manager Marilyn Cundiff, about $19 million is available from the state Oak Woodlands Conservation Fund for counties to purchase conservation easements, educational outreach and oak restoration. State law mandates that at least 80 percent of program money be used to acquire easements.
The WBC requires a county to submit an oak woodlands management plan and designate a local board to review grant applications. Applicants can be non government entities, such as landowners and nonprofit groups. So far, 11 counties have adopted a managemen>t plan and five are nearing completion, including Yolo County.
Oak Woodland Mitigation Program
The following Oak Woodland Mitigation Program is based on Tuolumne County draft language that has been modified by California Oak Foundation to coincide with current oak woodland conditions. This program represents a template to formulate oak woodland mitigation measures for all California counties containing blue oak woodland or valley oak trees. Counties where coast live oak is a dominant oak woodland species may require additional measures.
OAK WOODLAND MITIGATION PROGRAM
Purpose
State law directs the County to determine the significance of impacts to native oak woodlands and when appropriate, to mitigate those impacts. Public Resources Code (PRC) Section 21083.4 requires the County to determine whether projects "may result in a conversion of oak woodlands that will have a significant effect on the environment." When it is determined that such a project may have a significant effect, specific California Environmental Quality Act (CEQA) mitigation is required. PRC Section 21083.4 mitigation standards apply to all native oak species in the County, except those oaks determined by the California Department of Forestry and Fire Protection to be growing on timberland. The Oak Woodland Mitigation Program has been established to identify and mitigate significant impacts to oak woodlands.
Program Alternative
The program established herein is to be used by land development project applicants to mitigate impacts to oak woodland; project applicants also have the option of contracting with qualified resource professionals to develop alternative mitigation proposals for review and approval by the County and Department of Fish and Game. The alternative mitigation measures must be equivalent or more effective in mitigating potentially significant effects on oak woodland.
Applicability
This program applies to any land development project requiring a discretionary entitlement from the County that is subject to review under CEQA and which will have a potentially significant impact on oak woodland. Oak woodland is defined as project site land where a majority of living trees are native oaks and with 10 percent or greater oak canopy cover.
The 10 percent canopy cover standard applies to the individual stand of oaks and not to the entire project site; consequently, a project site may contain one or more oak woodland. For example, the project site is 1,000 acres but only contains two 50-acre oak stands, one averaging 25 percent canopy cover, the other 35 percent. The project site does not average 10 percent canopy cover per acre but both stands are subject to program mitigation requirements because each 50-acre woodland averages 10 percent oak cover per acre.
Identification of Impacts
Impacts to oak trees and woodlands in the County fall into two general categories, indirect impacts and direct impacts:
Indirect Impacts
Indirect impacts are those impacts to native oaks and associated resources through the on-going disturbance that results from human occupancy and use of oak woodlands. Examples include landscaping, fire clearing around structures, hiking trails, bike paths and disturbance to wildlife from people, pets and automobiles.
Direct Impacts
Direct impacts are those impacts to oak trees and woodland resulting from tree and land clearing associated with land development projects. Examples include grading, clearing, or otherwise modifying land for roads, driveways, building pads, landscaping, utility easements, fire-safe clearance and other development activities. Any project that creates a significant direct impact is deemed to also create a significant indirect impact.
Determination of Impact Significance
Indirect Impacts
A land development project is considered to have a significant indirect impact on oak woodland if it will result in human occupancy and use of oak woodland.
Direct Impacts
1. A land development project is considered to have a significant direct impact on oak woodland if the project will result in more than a 10 percent decrease in native oak canopy within oak woodland on the project site. For example, if an oak woodland contained 50 percent oak canopy cover, removal of more than five percent canopy cover would be considered significant.
2. Impacts to any valley oak. Valley oaks should be retained on the project site and avoided during the development process. Where avoidance is impossible, impacts to such trees is subject to mitigation measures in addition to those for other oaks as provided herein due to the rarity of these trees and woodlands.
3. Impacts to any old growth oak. Old growth oaks should be retained on the project site and avoided during the development process. Where avoidance is impossible, impacts to such trees is subject to mitigation measures in addition to those for other oaks as provided herein due to the high-biological value of these trees and woodlands.
Tree Evaluation Plan
In order to determine the extent of the impact on oak woodland, a tree evaluation plan shall be required by the Planning Department in conjunction with an application for the required discretionary entitlements for a development project. The tree evaluation plan shall identify the location and total acreage of oak woodland on the project site, along with representative samples of the species and sizes of all native oaks five inches or more in diameter at breast height (dbh), except for diameter of blue oak which shall be measured at two-feet (2') above grade (D2').
Mitigation Measures
Indirect Impact Mitigation
Indirect impacts to native oak woodland are considered to be adequately mitigated though the implementation of a seven-year educational program directed at project residents regarding oak tree health and maintenance in an urban environment.
Direct Impact Mitigation
Any one or a combination of the following mitigation measures may be used on the project site or off-site to mitigate the direct impacts on oak resources, except valley oaks and old growth oaks:
Oak Woodland Mitigation Program Continued
Merchandise
Life of an Oak by Glenn Keator, illustrated by Susan Bazell (1998). An intimate look at all aspects of the genus Quercus, from an examination of cellular processes to the spread around the world of this remarkable, diversified family. 256 pages, 75 full-color photographs, 30 full-color illustrations, 21 black and white diagrams. Paperback, $17.95, members $16.16, plus local sales tax, shipping and handling.
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Fax: 510-268-9948 oakstaff@californiaoaks.org
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