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California Oak Foundation:
Oak Woodland Habitat Conservation Ordinance
Ordinance Intent and Objectives
The intent of this ordinance is to perpetuate oak habitat continuity over time. Objectives of the ordinance are:
- Maintain the maximum amount possible of oak woodland habitat in conjunction with the development process;
- Achieve habitat-level protection by recognizing oak woodland as a complex community of diverse vegetation, wildlife and associated biotic resources;
- Maintain oak species distribution and age diversity;
- Minimize activities that may result in oak woodland fragmentation; and
- Acknowledge that oak trees have an economic value in addition to their ecological, historical and aesthetic values.
Ordinance Definitions
"Biologically functional oak woodland" means the ecological relationships between both the oak woodland habitat components and needs of wildlife species which allows for all of the normal life cycle including, migration corridors, genetic pathways, food availability, temperature protection, moisture retention, nutrient cycling, denning, spawning, nesting, and other functions necessary to complete a life cycle. The habitat components must be in sufficient quantities and arrangement to support the diverse assemblage of wildlife species that are normally found on or use oak woodland.
"Ecologically sensitive oak woodland" means oak woodland containing the following habitat elements: (1) multiple or single layered canopy; (2) riparian zones; (3) burrows, caves and cliffs; (4) snags; (5) downed woody debris; and (6) wetlands. The greater the number of these habitat components present, the greater the oak woodland ecological sensitivity.
Oak woodland" means a tree habitat with over ten (10) percent oak canopy cover.
Ordinance Thresholds of Significance
A project's disturbance of oak woodland habitat or dependent species would be considered significant if any of the following occur:
- Reduce or eliminate species diversity or abundance;
- Reduce or eliminate quantity or quality of nesting areas;
- Fragment, eliminate or otherwise disrupt foraging areas or access to food sources;
- Limit or fragment range or movement of species; or
- Result in a loss of 25 percent or more of the existing tree canopy cover on the project site. For example, if a project site had 32 percent existing canopy cover the removal of more than 8 percent of the canopy cover would be considered significant.
Ordinance Habitat Mitigation Measures
Avoidance of significant oak woodland habitat impacts is the preferred method of mitigation. The general requirement for habitat mitigation is the preservation and replacement of oak woodland habitat. Replacement habitat will be at a minimum 3:1 area ratio. In cases of the most ecologically sensitively oak woodland habitat the replacement ratio may be greater. As necessary, habitat mitigation measures shall include the following actions individually or in combination:
(a) Dedicate in perpetuity for preservation in a natural condition contiguous and biologically functional oak woodlands on-site.
(b) Procurement of off-site oak woodland habitat, preferably in close proximity to the project site, and dedicate it in perpetuity for preservation in a natural condition. Procurement includes either off-site land purchases or acquisition of conservation easements. Off-site oak woodland dedications shall be equivalent to the on-site oak woodland acreage and biological values impacted.
(c) In lieu fee payment to a natural resource agency or nonprofit organization for the purchase of local oak woodland habitat. Not more than five percent of in lieu fees collected by a natural resource agency or nonprofit organization for mitigation purposes shall be used for administrative costs.
The in lieu fee payment shall be equivalent to the total oak tree economic value. The economic value of oak trees shall be calculated by the applicant and approved by the local planning department in accordance with the most current edition of the International Society of Arboriculture's "Guide to Establishing Values for Trees and Shrubs." The total oak tree economic value shall be the sum of the ISA values for all oak trees impacted by development.
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