Western Joshua Tree Conservation Act: industrial projects and commercial projects: single-family residences: public works projects.

Plain English Breakdown

It's unclear how many trees can be removed beyond the initial limits set by this law after the certification of the programmatic environmental impact report.

Western Joshua Tree Conservation Act

This law allows cities to issue permits for removing western Joshua trees during commercial and industrial projects, and it exempts homeowners from fees when removing up to 10 trees or trimming them if the trees are near their single-family home or a new accessory structure.

What This Bill Does

• Allows cities to issue permits for removing western Joshua trees in connection with commercial and industrial developments.
• Permits homeowners to remove up to 10 western Joshua trees or trim them without paying fees if the trees are within 30 feet of an existing single-family home or 15 feet of an accessory structure, or near a new accessory structure being built.
• Requires property owners or proponents of public works projects to submit a request with specific information to get these permits.

Who It Names or Affects

• Homeowners who want to remove or trim western Joshua trees near their single-family homes.
• Cities and counties that can issue permits for taking the trees during commercial and industrial projects.

Terms To Know

Western Joshua Tree

A specific type of tree protected by law in California, which cannot be taken without a permit under normal circumstances.

Permit

An official document allowing someone to do something that is usually restricted or regulated.

Limits and Unknowns

• The bill does not specify what happens after the programmatic environmental impact report is certified.
• Details about the fees and mitigation requirements for commercial and industrial projects are not provided.

Official Summary Text

AB 1808, as amended, Carrillo.
Western Joshua Tree Conservation Act: industrial projects and commercial projects: single-family residences: public works projects.
Existing law, the Western Joshua Tree Conservation Act, prohibits a person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as provided. Under existing law, the Department of Fish and Wildlife may authorize, by permit, the taking of a western Joshua tree if certain conditions are met, including, among other conditions, that the permittee mitigates all impacts to, and the taking of, the western Joshua tree. Existing law authorizes the department to enter into an agreement with a county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects concurrent with its
approval of the project if certain conditions are met. Existing law authorizes a person or public agency receiving a take authorization for a project to pay specified fees in lieu of satisfying the mitigation obligation on several bases, including if the project receives a permit issued by a county or city.
This bill would additionally authorize the department to enter into an agreement with a city to delegate to the city the ability to authorize the taking of a western Joshua tree associated with developing commercial and industrial projects.
This bill would authorize the department to authorize, by permit, without payment of fees or other mitigation, (1) the removal of no more than 10, or the trimming of, western Joshua trees by an owner of an existing single-family residence if the western Joshua trees are within 30 feet of the existing single-family residence or 15 feet of an existing accessory structure, or within the
construction footprint, or 15 feet of the construction footprint, of a new accessory structure that is proposed to be constructed for the existing single-family residence or (2) the removal of no more than 40, or the trimming of, western Joshua trees by the proponent of a public works project if the western Joshua trees are within the construction footprint, or 15 feet of the construction footprint, of a public works project to repair, rehabilitate, replace, or maintain an existing structure. The bill would require a property owner or proponent of a public works project seeking a permit to submit a request to the department that includes specified information. The bill would require, within 60 days of receipt of a request for a permit, the department to either notify the property owner or proponent of the public works project that the department will issue the permit or to deny the request if it does not meet the above-described requirements. The bill
would
would, until the department certifies a certain programmatic environmental impact report, as specified,
exempt from the California Environmental Quality Act the issuance of a permit by the department for a project described above in (1).

Current Bill Text

Download Bill PDF