(a) To conserve the most important oak woodland ecological attributes remaining on private and state owned lands and to provide habitat for wildlife species that are associated with such forests.

(b) To provide maximum conservation of the oak woodlands ecosystem within the reasonable scope of the statutory language.

(c) To insure that land use decisions affecting oak woodlands and dependent wildlife are based on the best available biological information.

(d) To perpetuate the state's most biologically diverse natural resource for future generations of Californians.

(a) "Commission" means the Fish and Game Commission.

(b) "Department" means the Department of Fish and Game.

(c) "Director" means the Director of Department of Fish and Game.

(d) "Dying trees" means oak trees which exhibit one or more of the following: have tested positive for the pathogen Phytophthora ramorum (sudden oak death); successful bark beetle attacks with indications of dead cambium and brood development distributed around the circumference of the bole; or trees designated by a certified arborist as likely to die because of pests, disease or other natural causes within one year.

(e) "Oak" means any native tree species in the genus Quercus greater than one (1) inch diameter at breast height and that is not growing on timberland, as defined in Section 4526 of the Public Resources Code.

(f) "Oak removal" means causing an oak tree to die or be removed from the ground by any means including, but not limited to, cutting, dislodging, poisoning, burning, pruning, topping or damaging of roots.

(g) "Oak removal permit" means a discretionary permit approving an application for the removal of more than three (3) oak trees on any acre of a parcel.

(h) "Oak removal plan" means an oak woodlands biological impacts evaluation.

(i) "Oak woodlands" means an acre of land growing more than three oak trees.

(j) "Riparian hardwood" means native broadleaved evergreen and deciduous trees that produce flowers and grow in close proximity to watercourses or lakes.

(k) "Parcel" means a single assessor's parcel of land as shown on maps produced by the county assessor.

(l) "Watercourse" means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including but not limited to a "stream" as defined in Section 4528(f) of the Public Resources Code.

(a) The provisions of this article apply to oak removal on publicly and privately owned oak woodlands, for which the owner proposes to remove more than three oak trees on any acre of any parcel.

(b) Owners proposing to remove more than three oak trees on any acre of a parcel shall apply on a form prescribed by the director for issuance of an Oak Removal Permit.

(c) The applicant will pay an application fee, as prescribed by the director, for the cost of processing an application for an oak removal permit. The fee charged is to be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this article. Fees received pursuant to this section are to be deposited in the State of California Wildlife Conservation Board's Oak Woodlands Conservation Fund as a reimbursement.

(a) An oak removal plan, in a form prescribed by the director, shall become part of the application for an oak removal permit. The oak removal plan will set forth, but not be limited to, the following information:

(1) Present and future parcel use.

(2) Parcel map indicating the location of oak removal.

(3) Zoned status of the parcel.

(4) Number, diameter at breast height and type of oak species to be removed.

(5) Number of acres on which oak removal will occur.

(6) Habitat mitigation measures, if necessary.

(7) Such other information as may be required and is applicable to the particular future use to which the parcel will be devoted.

(b) The department shall utilize, but not be limited to, its Natural Diversity Data Base and California Wildlife Habitat Relationships system in evaluating the biological impacts of the oak removal plan.

(a) After the completion of oak removal operations pursuant to a oak removal plan:

(1) Not more than twenty percent of the area subject to the plan may be in clearings that are greater than one (1) acre in size. For purposes of this paragraph, a "clearing" is an area in which sixty percent or more of the existing canopy cover is removed at one time.

(2) A minimum of sixty percent of the existing canopy cover, with retention of any existing understory vegetation shall be retained.

(b) No oak removal in any oak woodland area subject to a oak removal plan may occur more often than every ten years.

(a) The department must provide all oak removal permit applicants with a cover letter which sets forth all of the following information:

(1) The time period for review of the application.

(2) An explanation of the applicant's right to object to conditions proposed by the department.

(3) The time period within which objections may be made in writing by the applicant to the department.

(4) The time period within which the department is required to respond to the applicant's objections, and that the response must be in writing.

(5) An explanation of the right of the applicant to appeal the department's imposition of conditions for the oak removal permit.

(6) The current fee schedule for obtaining the oak removal permit including, but not limited to, an explanation of how the fees are calculated.

(a) The director shall issue an oak removal permit if:

(1) The director makes the written findings pursuant to Public Resources Code 21081, if an environmental impact report has been prepared.

(2) The director finds that, where necessary, feasible mitigation measures roughly proportional to the oak woodland habitat impacts have been incorporated into the oak removal plan. Any in-lieu mitigation fees are to be deposited in the Oak Woodlands Conservation Fund.

(b) The oak removal permit granted to the permittee is non-transferable and non-assignable for any purpose without written approval of the director.

(c) The permittee shall submit the oak removal permit to the county recorder for recording in each county in which the property is located before beginning any operations contemplated under said permit.

(1) Upon application by the permittee for cancellation, the oak removal permit may be canceled on such terms and conditions as the director may set forth. Upon cancellation of the permit, an agreement of cancellation, executed by the permittee and the director, shall be recorded by the permittee in those counties in which the permit was originally recorded. The director will provide a copy of the cancellation agreement to the county planning directors of those counties in which the property is located. Costs of recording the documents pursuant to subsection (c) are to be paid by the applicant.

(a) The director shall deny an oak removal permit if:

(1) The applicant is not the real person in interest.

(2) There are material misrepresentations or false statements in the application.

(3) The applicant fails or refuses to comply with the rules and regulations of the commission and the provisions of this article.

(4) The director cannot make the findings required by PRC 21801, if an environmental impact report has been prepared.

(5) The director finds that, where necessary, feasible mitigation measures that are roughly proportional to the oak woodland habitat impacts have not been incorporated into the oak removal plan.

(b) The director may deny an oak removal permit provided that all proceedings in connection with such action shall be conducted in accordance with the provisions of subsection (c), except that the applicant must request a hearing before the commission within 15 days of service of the denial. The hearing will be commenced within 60 days from the filing of the appeal unless a later hearing date is mutually agreed upon by the applicant and the commission.

(c) Any applicant whose application for an oak removal permit has been denied is entitled to a hearing before the commission pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(d) Upon appeal by the applicant of the director's denial of an oak removal permit, the commission may require that the applicant provide additional information to assist the commission in judging whether or not to issue a permit.

(e) Any person may maintain an action for declaratory and equitable relief to restrain any violation of this division. On a prima facie showing of a violation of this division, preliminary equitable relief shall be issued to restrain any further violation of thisdivision. Notwithstanding the provisions of Cod of Civ Proc Section 529, no bond shall be required for an action under this section.

Section 1636. (a) Oak removal for the following purposes are exempt from the provisions of this chapter:

(1) Removal of dying trees of any size.

(2) Removal of oaks eighty feet or less from any point of an approved and legally permitted existing structure that complies with the California Building Code.

(a) Oak removal for the following purposes are exempt from the provisions of this chapter:

(1) Removal of dying oaks of any size.

(2) Removal of oaks eighty feet or less from any point of an approved and legally permitted existing structure that complies with the California Building Code.

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